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10-05-2020, 00:25   #31
Charao
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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/
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10-05-2020, 00:27   #32
Dylan94
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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.
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10-05-2020, 00:31   #33
ted1
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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
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10-05-2020, 00:32   #34
Graham
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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?
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10-05-2020, 00:34   #35
Dylan94
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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.
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10-05-2020, 00:35   #36
ted1
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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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10-05-2020, 00:36   #37
Graham
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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.
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10-05-2020, 00:36   #38
ted1
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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.
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10-05-2020, 00:38   #39
Graham
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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.
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10-05-2020, 00:39   #40
Dylan94
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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 🙄
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10-05-2020, 00:40   #41
Graham
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The op didn’t say he was evicted.
If it waddles and quacks, it's probably a duck.
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10-05-2020, 00:41   #42
Dylan94
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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?
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10-05-2020, 00:44   #43
ted1
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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.

*
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10-05-2020, 00:45   #44
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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.
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10-05-2020, 00:45   #45
Browney7
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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.
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