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Landlord packed our stuff up and threw it out

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Comments

  • #32
    Dylan94
    Banned (with Prison Access) Posts: 179 ✭✭Dylan94


    JayZeus wrote: »
    Any one of the 4 could have travelled to the apartment at any point in time if it’s their home. They all went ‘home’ in March. They’re all out of classes/lectures, out of work, living somewhere else for a couple of months and not paying rent.

    Renters need to cop on to themselves at the moment too.

    Ah but you see they don't have to cop onto themselves, because the law is on their side.

    If the landlord can't deal with rent being a week late once before having to evict someone then they are the one who has to cop on, they're the one that it will cost a fortune for in the long run.

    The students aren't living somewhere else and not paying rent. They are living somewhere else and paying renta week late.


  • #33
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    What does it say in your lease about leaving the apartment empty for 30/X days? Most leases would have a clause the prohibits it.

    See section 3.6 of this typical lease .

    https://www.kmpm.ie/wp-content/uploads/2018/04/Sample-Lease.pdf


  • #34
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    What does it say in your lease about leaving the apartment empty for 30/X days? Most leases would have a clause the prohibits it.

    Which part of the residential tenancies act would allow for summary eviction for breach of a lease condition?


  • #35
    Dylan94
    Banned (with Prison Access) Posts: 179 ✭✭Dylan94


    ted1 wrote: »
    What does it say in your lease about leaving the apartment empty for 30/X days? Most leases would have a clause the prohibits it.

    I would imagine that a Global pandemic would make that clause unenforceable. If they were staying at their parents the night of the stay at home order they could not legally travel back the the apartment. Just as they couldn't legally be evicted right now.


  • #36
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Graham wrote: »
    Which part of the residential tenancies act would allow for summary eviction for breach of a lease condition?

    I didn’t see the part where he says they were evicted ? Where did he say it ?

    The landlord May have assumed that apartment was abandoned as the lease was broken and the apartment vacated.


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  • #37
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Dylan94 wrote: »
    I would imagine that a Global pandemic would make that clause unenforceable.

    That and the regular residential tenancies act.

    The appropriate response for breach of a lease condition is via the RTB.


  • #38
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Dylan94 wrote: »
    I would imagine that a Global pandemic would make that clause unenforceable. If they were staying at their parents the night of the stay at home order they could not legally travel back the the apartment. Just as they couldn't legally be evicted right now.

    The op didn’t say he was evicted.


  • #39
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    The landlord May have assumed that apartment was abandoned as the lease was broken and the apartment vacated.

    Even if we ignore the opening post where the OP suggested otherwise, that argument hasn't held up with the RTB previously.

    I'd imagine it would be even harder for a landlord to argue abandonment given the current lockdown.


  • #40
    Dylan94
    Banned (with Prison Access) Posts: 179 ✭✭Dylan94


    ted1 wrote: »
    I didn’t see the part where he says they were evicted ? Where did he say it ?

    The landlord May have assumed that apartment was abandoned as the lease was broken and the apartment vacated.

    What a silly thing to say. You can't assume an apartment is abandoned because they are a week late with the rent and haven't been staying there due to a well known pandemic 🙄


  • #41
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    The op didn’t say he was evicted.

    If it waddles and quacks, it's probably a duck.


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  • #42
    Dylan94
    Banned (with Prison Access) Posts: 179 ✭✭Dylan94


    ted1 wrote: »
    The op didn’t say he was evicted.

    So how would you describe a situation where a landlord takes all of your belongings from your apartment without notice and tells you where to collect them while also informing them that they were not returning the deposit?


  • #43
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Graham wrote: »
    Which part of the residential tenancies act would allow for summary eviction for breach of a lease condition?

    Not eviction, if the tenant abandons

    According to section 37. of the Residential Tenancies Act :

    Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if

    (a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

    (b) before or on that vacating the rent has fallen into arrears.

    A Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if

    (a) whether before or after the end of that period, the tenant has vacated the dwelling, and

    (b) no notice of termination has been served by the tenant in respect of the tenancy.

    *


  • #44
    Umaro
    Registered Users Posts: 1,561 ✭✭✭Umaro


    This is an illegal eviction and once it goes to the RTB this landlord is going to get rightfully screwed.

    For now, make the essential travel to collect your stuff. Take note of anything missing or damaged (100% chance of this). Then document all communications leading up to this point. Go to the RTB with all your ducks in a row.


  • #45
    Browney7
    Registered Users Posts: 3,098 ✭✭✭Browney7


    ted1 wrote: »
    The op didn’t say he was evicted.

    And presumably the landlord made some enquiries to satisfy themselves that the place was indeed abandoned. Or did they just get the huff and make an unnecessary journey in a pandemic and pack up the place? This all of course is contingent on the OPs version of events being factually correct.

    This forum is gas sometimes, when the pandemic broke there were some people cribbing on this forum that there would be more wear and tear as tenants would be home all the time.


  • #46
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    Not eviction, if the tenant abandons

    According to section 37. of the Residential Tenancies Act :


    None of which applies.

    The OP had not vacated the dwelling, as evidenced by their possessions and communications with the landlord.


  • #47
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Dylan94 wrote: »
    So how would you describe a situation where a landlord takes all of your belongings from your apartment without notice and tells you where to collect them while also informing them that they were not returning the deposit?

    A tenant hasn’t been seen since for 30+ days and rent hasn’t being paid. ( exceeds limit in lease)

    Landlord assumes they have abandoned property so kindly puts belongings in storage incase they reappear.

    Op have you contacted the landlord ?


  • #48
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    A tenant hasn’t been seen since for 30+ days and rent hasn’t being paid. ( exceeds limit in lease)

    Landlord assumes they have abandoned property so kindly puts belongings in storage incase they reappear.

    Rent is just over 1 week late. It would be a stupid landlord to rely on that as evidence of abandonment during a pandemic, with no further checks.

    Correct avenue to claim breach of lease conditions is the RTB.


  • #49
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Graham wrote: »
    Rent is just over 1 week late. It would be a stupid landlord to rely on that as evidence of abandonment during a pandemic, with no further checks.

    Correct avenue to claim breach of lease conditions is the RTB.

    I’d say the best option if for the OP to talk to the landlord.


  • #50
    Brego888
    Registered Users Posts: 1,314 ✭✭✭Brego888


    ted1 wrote: »
    A tenant hasn’t been seen since for 30+ days and rent hasn’t being paid. ( exceeds limit in lease)

    Landlord assumes they have abandoned property so kindly puts belongings in storage incase they reappear.

    Op have you contacted the landlord ?

    Is it a requirement that a landlord clock eyes on their tenant periodically? What would you find suitable, a weekly presentation?


  • #51
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    I’d say the best option if for the OP to talk to the landlord.

    and the RTB.

    OP is probably best placed to decide which to talk to first.


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  • #52
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Brego888 wrote: »
    Is it a requirement that a landlord clock eyes on their tenant periodically? What would you find suitable, a weekly presentation?

    A lease, and the landlords insurance policy would say not leave it empty for 30 days.

    Op needs to call him. So many people here always push for the nuclear option. When a phone call can resolve a lot.


  • #53
    Panjandrums
    Registered Users Posts: 398 ✭✭Panjandrums


    I wonder was the landlord concerned about having an uninsured apartment due to it being left vacant?


  • #54
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    A lease, and the landlords insurance policy would say not leave it empty for 30 days.
    Panjandrums wrote: »
    I wonder was the landlord concerned about having an uninsured apartment due to it being left vacant?



    Would not be grounds to legally terminate a tenancy other than via the RTB


  • #55
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Graham wrote: »
    Would not be grounds to legally terminate a tenancy other than via the RTB

    Was the tenancy terminated ?
    OP Needs to pick up the phone


  • #56
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    ted1 wrote: »
    I’d say the best option if for the OP to talk to the landlord.

    Where have you been????

    They did


  • #57
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    Was the tenancy terminated ?

    "I've boxed up your stuff, moved it out and I'm keeping your deposit" is pretty unambiguous.


  • #58
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Graham wrote: »
    "I've boxed up your stuff, moved it out and I'm keeping your deposit" is pretty unambiguous.

    Let the OP make the call and find out.

    There’s no insurance the landlord might have moved the stuff to protect them. It’s far from unambiguous


  • #59
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    ted1 wrote: »
    There’s no insurance the landlord might have moved the stuff to protect them. It’s far from unambiguous

    and called called to say he was keeping the deposit to protect their money too?


  • #60
    Panjandrums
    Registered Users Posts: 398 ✭✭Panjandrums


    Common sense should prevail.
    If you were in the shoes of the landlord.
    Tenants negotiate rent reduction based on not being in the apartment. The following month with more clarity of the covid-19 crisis, the landlord assumes that the unpaid rent means that the they aren't coming back.

    What do you do when a text isn't answered? You make a follow up phonecall.


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  • #61
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    Graham wrote: »
    and called called to say he was keeping the deposit to protect their money too?

    No he said he sent a message. Not that he called


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