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How to get tenant to leave

  • 12-05-2022 8:35pm
    #1
    Registered Users Posts: 70 ✭✭ Toby22


    Family member moved abroad with work a number of years ago and rented her apartment, various tenants over the years and never any problems. Last September she was given opportunity to move back to Ireland this summer. She has given tenants required notice, date to move out was end of February. They are still in situ and refusing to leave because they like where they live. She has a friend working in a letting agency who had looked after the apartment, tenants have been shown five other properties by this friend, none suit, currently in duplex, won’t move higher than 2 stories, the list of reasons to refuse are endless. Family member had hoped to get work done on apartment and move in when she returns in June. What is her next step

    Post edited by L1011 on


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Comments

  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 62,540 Mod ✭✭✭✭ L1011


    Begin overholding procedures with the RTB. It won't be quick.



  • Registered Users Posts: 18,684 ✭✭✭✭ road_high


    Are they still paying the rent?



  • Registered Users Posts: 2,764 ✭✭✭ Ginger83


    The tenant has no desire to leave and is playing the system.

    They will find something unsuitable with all properties so unfortunately the Rtb is the only option.



  • Registered Users Posts: 70 ✭✭ Toby22


    They are still paying rent, but family member has been advised to stop accepting. It’s such a dreadful situation, I can understand landlord selling up



  • Registered Users Posts: 70 ✭✭ Toby22


    How long does RTB take. She was also told that Threshold will tell tenant to stay put and court proceedings will take up to two years, even though landlord is in the right



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  • Registered Users Posts: 639 ✭✭✭ houseyhouse


    Agree that you should start proceedings with rtb ASAP. Don’t cut off the power/water. That’s illegal and you could get hit with a fine. I also wouldn’t stop accepting rent. It won’t get them out any faster and will leave your relative out of pocket. Good luck



  • Registered Users Posts: 24,481 ✭✭✭✭ Mrs OBumble


    Offer to pay them to leave. It sucks, but is a lot quicker than the official process.



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  • Registered Users Posts: 11,973 ✭✭✭✭ Dav010


    Even if the LL means business, business can take up to two years to be done. The op’s friend should consider all legal avenues available to her, to bring this to a conclusion as soon as possible, including paying the tenant to go. It sucks, but they are the rules of the game and why LLs are leaving it.



  • Registered Users Posts: 4,426 ✭✭✭ maestroamado


    I know someone who was in a similar situation a few years ago where people were asking for 5k to leave a property... He never told anyone he paid it but they suddenly gone...



  • Registered Users Posts: 11,973 ✭✭✭✭ Dav010




  • Registered Users Posts: 4,426 ✭✭✭ maestroamado


    but they left... i am not giving advice just stating what happened...



  • Registered Users Posts: 7,775 ✭✭✭ Chinese whospers


    Okay, but I'm guessing there's no further guarantee that they'd move out other than an even greater appeal to the tenants conscience?

    I’m in love with him and I feel fine.

    ^^^ although, I’m okay with getting back to winning ways, Jurgen.



  • Registered Users Posts: 7,775 ✭✭✭ Chinese whospers


    I’m in love with him and I feel fine.

    ^^^ although, I’m okay with getting back to winning ways, Jurgen.



  • Posts: 0 [Deleted User]


    hope the person who paid the five grand notified revenue & welfare of this extra income the tenant had. Blackmail is a crime, isn’t it or would it be embezzlement?



  • Registered Users Posts: 4,426 ✭✭✭ maestroamado


    He never said he paid... it was asked for and then one day he called and they were gone... thats all he knew... people do strange things...



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  • Registered Users Posts: 2,127 ✭✭✭ Fian


    OP - just in case the comments in this thread are muddying the water: it is not against the law to pay the tenant to leave and there is no reason that the payment and the conditions for same cannot be documented fully.


    You could include a clause indicating the payment will be made immediately upon the tenant handing over the keys, providing a signed notice of termination and vacating the property. The contract could also record that the landlord & tenant waive the notice period for that (tenant) notice of termination.


    All this AFTER the notice period has expired from the original notice of termination from the landlord.


    And yes - it does suck that this is likely to be the best, quickest, most efficient and cheapest way to resolve a tenant illegally overholding.


    Your relative should get a solicitor who will ensure that there is no defect in any of the notices provided or remedy them if there are and will help them navigate this - because the costs (and delays!) of getting tripped up on a technicality will be far more than the cost of obtaining legal advice.



  • Registered Users Posts: 4,426 ✭✭✭ maestroamado




  • Registered Users Posts: 70 ✭✭ Toby22


    Hi, thanks for all the advice.



  • Registered Users Posts: 4,426 ✭✭✭ maestroamado


    If your friend did decidce to go for the cash i think it be better if the people asked... these things are not that hard to set-up...



  • Registered Users Posts: 3,613 ✭✭✭ spaceHopper


    This tenant isn't going to take cash to go they simply don't want to go. As soon as legal proceeding are started they will stop paying rent and end up with more that was offered them. All they have to do is not pay rent, not show up till summoned to court then leave. All of that will take 1 to two years. When they were served with the termination notice I hope your friend used the correct template from the RTB, that would have given them 28 days to dispute the notice, which has long passed but they will try to dispute it anyway. Get a solicitor who has done this before and knows the system well.

    If I was your friend I would see if I could back out of the move till they have left.



  • Registered Users Posts: 7,775 ✭✭✭ Chinese whospers


    Great, all the t's crossed and i's dotted. AND if they still don't leave?

    I’m in love with him and I feel fine.

    ^^^ although, I’m okay with getting back to winning ways, Jurgen.



  • Registered Users Posts: 845 ✭✭✭ airy fairy


    And they probably won't because of the rental shortages.

    OP get legal advice. I can't imagine any solicitor advising to pay a tenant off, in the hope they'd move their arses out the door. Even after court judgements ruled in favour of tenant eviction, they can still bear it out til the bitter end, resulting in getting a sheriff and locksmith and guards.



  • Registered Users Posts: 666 ✭✭✭ CreadanLady


    I am just joking here of course, but imagine if the LL did a Martin Cahill on it. Pay over the €5,000, then go down to the Garda station for an hour for some wild goose chase enquiry so as to have an alibi while arranging for an assistant to mug the tenant for the €5000.

    The MFV Creadan Lady is a mussel dredger from Dunmore East.



  • Registered Users Posts: 13,918 ✭✭✭✭ Cuddlesworth


    Basically, its "notice of termination"(has to be 100% correct), with a date set.

    A RTB adjudication(do not do mediation), where you hopefully get a recommendation of eviction

    A District court appointment with the RTB order where you hopefully a eviction order granted(usually with lead time for the tenants)

    If they don't leave on the date set by the court, it's back to the court for permission to send the eviction order to the sheriff to be forcefully removed from the property.


    If she hasn't bothered with any of this, then she has just been adding to the clock. The most hardcore tenants wait till the last step, very few actually get forcefully removed. If she is lucky, starting formal proceedings might kickstart the existing tenancy into moving. Otherwise, it can take years.



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  • Registered Users Posts: 24,481 ✭✭✭✭ Mrs OBumble


    They don't get the cash until they have left.

    Like i said it sucks. But it's what professional landlords end up doing.



This discussion has been closed.
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