Landlord packed our stuff up and threw it out

expertrhino · 09-05-2020 11:00pm #1

Just to give you some context, we are a group of 4 students that got accommodation in Dublin starting in September for a 12 month lease. The lease agreement is for €2300 a month (2 month deposit) for a tiny 2 bedroom apartment a good bit outside the city center. The apartment originally had 2 double beds and we agreed with the landlord to buy our own single beds (bunk beds for both rooms as there not even big enough for two normal singles) because he wasn't going too. The only reason we took this place was after the leaving cert we legit couldn't get anything else.
The apartment was fine, but before and during Christmas the boiler broke so we had no heating/hot water and it took him 2 months to get it fixed during the coldest part of the year and always had a new excuse to why it wasn't happening this week eg. Repair man is 3 week wait, the repair man had to cancel. But we got on with it.
But as we are not from Dublin, we all went home to where we are from since mid march, and since it's not "essential travel" to go up, we haven't been back. But before we left we agreed with the landlord to pay a reduced rate of rent of €1900 for April and months until the lockdown is lifted and he agreed to that. On the 27th of April we sent him a message that the rent would be a bit late for may (first time rent has been late) and he ignored the message. On the 7th of may just before we were going to spend him the rent, he sent us one saying
"I have boxed up your belonging, they are in a shed in *(location 20 miles from apartment)* and I'm keeping your secerity deposit for rent unpaid"

This has pissed me the **** off now, I had expensive computer, moniter books, personal belongings, and he came into the apartment and he entered without permission. Took our stuff to a ****ing shed, after ignoring us after only a week.

I don't know what to do now, thinking about getting legal advice on monday

KaneToad · 09-05-2020 11:07pm

Doesn't sound like you have been served with the appropriate notices. Is your LL registered with PRTB?

Brego888 · 09-05-2020 11:09pm

He's completely in the wrong here. Under normally circumstances he can't do this and especially during THE Coronavirus anti eviction regulations he can't do this.
Keep all records of correspondence with him and contact the RTB for advice.

ittakestwo · 09-05-2020 11:09pm

He has made a big mistake. If he has made any of you homeless you could take him for thousands. Get advice from the RTB

expertrhino · 09-05-2020 11:09pm

KaneToad wrote: »

Doesn't sound like you have been served with the appropriate notices. Is your LL registered with PRTB?

Yes, the lease was signed online and everything was done

expertrhino · 09-05-2020 11:13pm

ittakestwo wrote: »

He has made a big mistake. If he has made any of you homeless you could take him for thousands. Get advice from the RTB

My work has said they plan to open on the 23rd of this month, so now I have nowhere in Dublin and am just staying at my parents atm while this covid-19 lockdown is going on. And another fear i have is if I can't work my employer will say I refuse to work and I won't be able to get the covid-19 payment either.

Wanderer19 · 09-05-2020 11:14pm

I don't know anything about renting, but I think your landlords behaviour is a bit extreme for one late payment.
Could you try the RTB before contacting a solicitor?

JL555 · 09-05-2020 11:17pm

expertrhino wrote: »

Just to give you some context, we are a group of 4 students that got accommodation in Dublin starting in September for a 12 month lease. The lease agreement is for €2300 a month (2 month deposit) for a tiny 2 bedroom apartment a good bit outside the city center. The apartment originally had 2 double beds and we agreed with the landlord to buy our own single beds (bunk beds for both rooms as there not even big enough for two normal singles) because he wasn't going too. The only reason we took this place was after the leaving cert we legit couldn't get anything else.
The apartment was fine, but before and during Christmas the boiler broke so we had no heating/hot water and it took him 2 months to get it fixed during the coldest part of the year and always had a new excuse to why it wasn't happening this week eg. Repair man is 3 week wait, the repair man had to cancel. But we got on with it.
But as we are not from Dublin, we all went home to where we are from since mid march, and since it's not "essential travel" to go up, we haven't been back. But before we left we agreed with the landlord to pay a reduced rate of rent of €1900 for April and months until the lockdown is lifted and he agreed to that. On the 27th of April we sent him a message that the rent would be a bit late for may (first time rent has been late) and he ignored the message. On the 7th of may just before we were going to spend him the rent, he sent us one saying
"I have boxed up your belonging, they are in a shed in *(location 20 miles from apartment)* and I'm keeping your secerity deposit for rent unpaid"

This has pissed me the **** off now, I had expensive computer, moniter books, personal belongings, and he came into the apartment and he entered without permission. Took our stuff to a ****ing shed, after ignoring us after only a week.

I don't know what to do now, thinking about getting legal advice on monday

What an @sshole. Contact the PTRB asap, this guy needs good spanking. Make a note of all correspondence, times, dates etc, and by whom.

Still waters · 09-05-2020 11:20pm

Take the cnut to the cleaners

Spanish Eyes · 09-05-2020 11:22pm

OP, I think you know the rules. Get on with it and do an RTB check etc.

Honestly, do Uni students not know these things anymore.

09-05-2020 11:33pm

expertrhino wrote: »

Just to give you some context, we are a group of 4 students that got accommodation in Dublin starting in September for a 12 month lease. The lease agreement is for €2300 a month (2 month deposit) for a tiny 2 bedroom apartment a good bit outside the city center. The apartment originally had 2 double beds and we agreed with the landlord to buy our own single beds (bunk beds for both rooms as there not even big enough for two normal singles) because he wasn't going too. The only reason we took this place was after the leaving cert we legit couldn't get anything else.
The apartment was fine, but before and during Christmas the boiler broke so we had no heating/hot water and it took him 2 months to get it fixed during the coldest part of the year and always had a new excuse to why it wasn't happening this week eg. Repair man is 3 week wait, the repair man had to cancel. But we got on with it.
But as we are not from Dublin, we all went home to where we are from since mid march, and since it's not "essential travel" to go up, we haven't been back. But before we left we agreed with the landlord to pay a reduced rate of rent of €1900 for April and months until the lockdown is lifted and he agreed to that. On the 27th of April we sent him a message that the rent would be a bit late for may (first time rent has been late) and he ignored the message. On the 7th of may just before we were going to spend him the rent, he sent us one saying
"I have boxed up your belonging, they are in a shed in *(location 20 miles from apartment)* and I'm keeping your secerity deposit for rent unpaid"

This has pissed me the **** off now, I had expensive computer, moniter books, personal belongings, and he came into the apartment and he entered without permission. Took our stuff to a ****ing shed, after ignoring us after only a week.

I don't know what to do now, thinking about getting legal advice on monday

In other words you all left the property uninhabited as you all decided to go home to live with your parents, you didn’t pay rent on time despite a decent rent reduction, but expected your personal belongings to be stored in a property in which none of you are residing or paying rent for?

He hasn’t evicted you. You moved home. He hasn’t made you homeless. You didn’t pay rent on time and then effectively abandoned the property and your belongings. Good of him to box it up and put it in storage. Most abandoned rentals result in a skip being dropped outside.

After he agreed to a reduction of your rent, you should have paid it on time. Collect your stuff and find a new place to live. Don’t muck people around next time. Your rent is ALWAYS to be paid on time.

jrosen · 09-05-2020 11:39pm

He didnt throw it out, he has packed it up and stored it.

Are you sure he received a text?? Because if not, from where he stands he has a vacant apartment with no rent paid for the month of May.

Browney7 · 09-05-2020 11:40pm

JayZeus wrote: »

In other words you all left the property uninhabited as you all decided to go home to live with your parents, you didn’t pay rent on time despite a decent rent reduction, but expected your personal belongings to be stored in a property in which none of you are residing or paying rent for?

He hasn’t evicted you. You moved home. He hasn’t made you homeless. You didn’t pay rent on time and then effectively abandoned the property and your belongings. Good of him to box it up and put it in storage. Most abandoned rentals result in a skip being dropped outside.

After he agreed to a reduction of your rent, you should have paid it on time. Collect your stuff and find a new place to live. Don’t muck people around next time. Your rent is ALWAYS to be paid on time.

They paid until the end of April so to imply they have ran off into the sunset leaving the LL high and dry is nonsense. I'm bemused how a landlord could be so thick here.

Yes the rent is late but there are procedures in place to deal with that and have been totally flouted here. It's such an unbelievably stupid action I thought the thread was a wind up

Vestiapx · 09-05-2020 11:42pm

JayZeus wrote: »

In other words you all left the property uninhabited as you all decided to go home to live with your parents, you didn’t pay rent on time despite a decent rent reduction, but expected your personal belongings to be stored in a property in which none of you are residing or paying rent for?

He hasn’t evicted you. You moved home. He hasn’t made you homeless. You didn’t pay rent on time and then effectively abandoned the property and your belongings. Good of him to box it up and put it in storage. Most abandoned rentals result in a skip being dropped outside.

After he agreed to a reduction of your rent, you should have paid it on time. Collect your stuff and find a new place to live. Don’t muck people around next time. Your rent is ALWAYS to be paid on time.

I miss the 90's as well but we have to accept that things move on. You have to serve notice of late rent then gets judgement from prtb and that's when the covid laws aren't in place. That fool is going to be fecked.

Newbie20 · 09-05-2020 11:42pm

The RTB are a bit of a nightmare to get through to at the moment but just keep at it and you should get someone eventually. Don’t know if you’ll get anyone tomorrow but get straight on it Monday.

Vestiapx · 09-05-2020 11:42pm

Browney7 wrote: »

They paid until the end of April so to imply they have ran off into the sunset leaving the LL high and dry is nonsense. I'm bemused how a landlord could be so thick here.

Yes the rent is late but there are procedures in place to deal with that and have been totally flouted here. It's such an unbelievably stupid action I thought the thread was a wind up

Soo many stupid people out there.

expertrhino · 09-05-2020 11:44pm

JayZeus wrote: »

In other words you all left the property uninhabited as you all decided to go home to live with your parents, you didn’t pay rent on time despite a decent rent reduction, but expected your personal belongings to be stored in a property in which none of you are residing or paying rent for?

He hasn’t evicted you. You moved home. He hasn’t made you homeless. You didn’t pay rent on time and then effectively abandoned the property and your belongings. Good of him to box it up and put it in storage. Most abandoned rentals result in a skip being dropped outside.

After he agreed to a reduction of your rent, you should have paid it on time. Collect your stuff and find a new place to live. Don’t muck people around next time. Your rent is ALWAYS to be paid on time.

1. Rent was going to be paid, but a little over a week late
2. I'm currently at home now, I can't stay here for when I need to go back to work, so he has actually made me homeless.
3. He has mucked us about several times, the one that stands out was the gas boiler that broke down and left the apartment freezing with no hot water for shower for over 2 months
4. He has taken belongings out of the apartment without telling us, when we can't collect it due to it not being "esintial travel" along with the things he could have broken.

So yes, he has evicted us with no warning
He never replied to message about the rent being late.

We where perfect tenants up to this point and couldn't help that the rent was going to be late due to the circumstances with covid-19

punisher5112 · 09-05-2020 11:46pm

Cha cha Ching.... He has fooked up, rtb on your side you all are on to a winner....

Yes it sucks at the moment but you will have your deposit back and some.....

Rtb file a complaint, have no more dealing with the man....

09-05-2020 11:51pm

expertrhino wrote: »

1. Rent was going to be paid, but a little over a week late
2. I'm currently at home now, I can't stay here for when I need to go back to work, so he has actually made me homeless.
3. He has mucked us about several times, the one that stands out was the gas boiler that broke down and left the apartment freezing with no hot water for shower for over 2 months
4. He has taken belongings out of the apartment without telling us, when we can't collect it due to it not being "esintial travel" along with the things he could have broken.

So yes, he has evicted us with no warning
He never replied to message about the rent being late.

We where perfect tenants up to this point and couldn't help that the rent was going to be late due to the circumstances with covid-19

You all moved ‘home’. Not in classes. Not in work. Already had a rent reduction. Nobody actually living there. Then a couple of days before you should have paid him reduced rent again you tell him it won’t be there. All the while you’re actually choosing to live somewhere else.

All 4 of you.

Sounds like you all moved out to me.

10fathoms · 09-05-2020 11:53pm

JayZeus wrote: »

In other words you all left the property uninhabited as you all decided to go home to live with your parents, you didn’t pay rent on time despite a decent rent reduction, but expected your personal belongings to be stored in a property in which none of you are residing or paying rent for?

He hasn’t evicted you. You moved home. He hasn’t made you homeless. You didn’t pay rent on time and then effectively abandoned the property and your belongings. Good of him to box it up and put it in storage. Most abandoned rentals result in a skip being dropped outside.

After he agreed to a reduction of your rent, you should have paid it on time. Collect your stuff and find a new place to live. Don’t muck people around next time. Your rent is ALWAYS to be paid on time.

You're a bit thick aren't ya?

expertrhino · 10-05-2020 12:00am

JayZeus wrote: »

You all moved ‘home’. Not in classes. Not in work. Already had a rent reduction. Nobody actually living there. Then a couple of days before you should have paid him reduced rent again you tell him it won’t be there. All the while you’re actually choosing to live somewhere else.

All 4 of you.

Sounds like you all moved out to me.

Except we told him we would pay the rest for the duration of the lease, and 7 days overdue rent = entering and taking our stuff to a new location and keeping 4600 deposit. Is this something you would do???

JustAThought · 10-05-2020 12:02am

Lots of things and people at fault in this - but at the very bottom of it is that all of your expensive stuff is safe and boxed up - not kept or sold on ebay in lieu of rent due. I’d suggest yiu get it while the option is still there.

As regards the boiler - just try getting a plumber or a new boiler or even old boiler parts - at any time of the year - let alone Christmas - tradesmen in that area are both difficult to get and notoriously unreliable.

You negotiated a discount - he gave it to
you - and you didn’t pay. You then all moved out leaving various goods and belongings behind and with 5 months left on your lease without giving notice or paying your rent.

No doubt after a number of years the PTRB will
get around to you and find him in the wrong but in the meantime he gas some solid points on his side albeit being in the wrong, and at the end of it all you did not pay your rent and were treated reasonably in your requests.

By the time the case comes
up, is heard, and then appealed years will have passed - in the meantime you have your covid 19 payments, have your belongings and don’t have to pay for a house you don’t like and no longer need. If it were me, disregarding right and wrong and there are two of you in it, I would get my belingings, make peace with the situation, continue claiming the covid-19 for the job you cannot do anyway and look to making less mistakes in the future. A contract is a legal document not a loan from your brother - you cant just ask for a discount, get one, and then not bother paying the rent you negotiated anyway and dissppear. You cannot have it every way and although the ll was not right in his treatment of you , you were also in breech of
your contract with him/her and he can also sue you for the 5 months difference and make your life very unpleasant, difficult and expensive . Not to mention that there are jobs you can never apply for or sectors that will be barred to you for life if a judgement is made against you in court - particularly for finance.

Vestiapx · 10-05-2020 12:02am

expertrhino wrote: »

Except we told him we would pay the rest for the duration of the lease, and 7 days overdue rent = entering and taking our stuff to a new location and keeping 4600 deposit. Is this something you would do???

Not twice he wouldn't.

Graham · 10-05-2020 12:02am

On the surface of it, sounds like it could be an illegal eviction.

Talk to the RTB first thing Monday, they may advise the landlord he would be wise to change his position.

Brego888 · 10-05-2020 12:04am

JayZeus wrote: »

You all moved ‘home’. Not in classes. Not in work. Already had a rent reduction. Nobody actually living there. Then a couple of days before you should have paid him reduced rent again you tell him it won’t be there. All the while you’re actually choosing to live somewhere else.

All 4 of you.

Sounds like you all moved out to me.

If the rent is a week late you can't box someones stuff up and evict them. Where they were currently staying during the crisis is irrelevant.
The landlord can rightly feel pissed off but he can't do what he did.
I assume you are on a wind up.

Browney7 · 10-05-2020 12:05am

JustAThought wrote: »

Lots of things and people at fault in this - but at the very bottom of it is that all of your expensive stuff is safe and boxed up - not kept or sold on ebay in lieu of rent due. I’d suggest yiu get it while the option is still there.

As regards the boiler - just try getting a plumber or a new boiler or even old boiler parts - at any time of the year - let alone Christmas - tradesmen in that area are both difficult to get and notoriously unreliable.

You negotiated a discount - he gave it to
you - and you didn’t pay. You then all moved out leaving various goods and belongings behind and with 5 months left on your lease without giving notice or paying your rent.

No doubt after a number of years the PTRB will
get around to you and find him in the wrong but in the meantime he gas some solid points on his side albeit being in the wrong, and at the end of it all you did not pay your rent and were treated reasonably in your requests.

By the time the case comes
up, is heard, and then appealed years will have passed - in the meantime you have your covid 19 payments, have your belongings and don’t have to pay for a house you don’t like and no longer need. If it were me, disregarding right and wrong and there are two of you in it, I would get my belingings, make peace with the situation, continue claiming the covid-19 for the job you cannot do anyway and look to making less mistakes in the future. A contract is a legal document not a loan from your brother - you cant just ask for a discount, get one, and then not bother paying the rent you negotiated anyway and dissppear. You cannot have it every way and although the ll was not right in his treatment of you , you were also in breech of
your contract with him/her and he can also sue you for the 5 months difference and make your life very unpleasant, difficult and expensive . Not to mention that there are jobs you can never apply for or sectors that will be barred to you for life if a judgement is made against you in court - particularly for finance.

I don't know how you've jumped to these conclusions

Charao · 10-05-2020 12:08am

Start gathering all correspondence between all 4 of you and the landlord, texts/emails etc. Start a document between the 4 of you and start a timeline of events. The boiler breakdown and repair is a clear breach on the landlords part, and will support your already slam dunk case against him.

You should be able to find a new place a little easier at the moment, and get the RTB on the case.

Your belongings in storage, you'd get away with essential travel I'd think to pick them up if you contact the Gardai.

Mental situation, the landlord is a complete idiot. Also ignore the troll here for your sanity

Tiredalways · 10-05-2020 12:13am

JayZeus wrote: »

You all moved ‘home’. Not in classes. Not in work. Already had a rent reduction. Nobody actually living there. Then a couple of days before you should have paid him reduced rent again you tell him it won’t be there. All the while you’re actually choosing to live somewhere else.

All 4 of you.

Sounds like you all moved out to me.

If op has a lease and is paid up until april it doesnt matter if hes living there or not,its still their residence. And 7 days leeway with rent at a time where everything is up in the air isnt alot to ask.

punisher5112 · 10-05-2020 12:16am

14 days late LL can send a letter requesting payment....

They can't evict on this alone.... And at the moment these evictions are stopped anyway legal or illegal.....

The op and their 3 mates are onto a winner...

LL couldn't evict even before anyway on late payment, sure look at the amount that over hold for months or a year without paying

10-05-2020 12:18am

Charao wrote: »

Start gathering all correspondence between all 4 of you and the landlord, texts/emails etc. Start a document between the 4 of you and start a timeline of events. The boiler breakdown and repair is a clear breach on the landlords part, and will support your already slam dunk case against him.

You should be able to find a new place a little easier at the moment, and get the RTB on the case.

Your belongings in storage, you'd get away with essential travel I'd think to pick them up if you contact the Gardai.

Mental situation, the landlord is a complete idiot. Also ignore the troll here for your sanity

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.

While it may well be decided that the landlord has to cough up, it’ll be better for him to have €2300 a month in rent from new tenants than to wait and see if this lot ever came back or would pay their rent. Better to have that than to have to chase after 4 students with SFA to their names who did a bunk and left out of pocket with a mortgage etc to pay each month.

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

Charao · 10-05-2020 12:25am

You seem quite emotional about this situation for some reason, it's strange. The processes are available for everyone to find and educate themselves on how this all works, including what happens when tenants are late on rent. It's all very clear and doesn't need wild opinions claiming what should and shouldn't happen. Here it is, go crazy : https://www.rtb.ie/

Dylan94 · 10-05-2020 12:27am

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.

ted1 · 10-05-2020 12:31am

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

Graham · 10-05-2020 12:32am

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?

Dylan94 · 10-05-2020 12:34am

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.

ted1 · 10-05-2020 12:35am

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.

Graham · 10-05-2020 12:36am

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.

ted1 · 10-05-2020 12:36am

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.

Graham · 10-05-2020 12:38am

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.

Dylan94 · 10-05-2020 12:39am

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 ðŸ™„

Graham · 10-05-2020 12:40am

ted1 wrote: »

The op didn’t say he was evicted.

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

Dylan94 · 10-05-2020 12:41am

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?

ted1 · 10-05-2020 12:44am

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.

*

Umaro · 10-05-2020 12:45am

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.

Browney7 · 10-05-2020 12:45am

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.

Graham · 10-05-2020 12:46am

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.

ted1 · 10-05-2020 12:47am

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 ?

Graham · 10-05-2020 12:54am

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.

ted1 · 10-05-2020 12:57am

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.

Brego888 · 10-05-2020 12:59am

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?

Graham · 10-05-2020 1:00am

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.

Landlord packed our stuff up and threw it out

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