Eviction of tenant

[dmos87]

Folks,

Renting out a property for 4/5 months now. Disastrous from start to finish; Rent consistently late, anti-social behavior complaints received (warning notice issued for those). 12 month contract signed with tenant at commencement. Have issued a Notice of Arrears previously, and again last month. When rent was not paid within 14 days I physically dropped off an Eviction notice (have photo proof of this). Received PRTB guidance every step of the way to ensure it was fully legal.

The eviction date is looming and I'm wondering what the correct procedure is. I understand the tenant has the entire day of eviction to vacate the premises - does this mean I do not contact the tenant on this day, or do wait until the following day?

I highly suspect the tenant has done this before and will lodge a dispute to remain in the property over Christmas. Meanwhile, rent has not been paid and is mounting up. I understand I can lodge a dispute for outstanding rent arrears but how likely is it that this can and will be recouped? And how do we chase this? I am aware of where the tenants workplace.

If anyone can advise me on how we actually physically carry out the eviction on the date (what to do / what not to do) I would be most appreciative - I'm not finding clear instructions online. Thank you.

 

[galway_blow_in]

Folks,

Renting out a property for 4/5 months now. Disastrous from start to finish; Rent consistently late, anti-social behavior complaints received (warning notice issued for those). 12 month contract signed with tenant at commencement. Have issued a Notice of Arrears previously, and again last month. When rent was not paid within 14 days I physically dropped off an Eviction notice (have photo proof of this). Received PRTB guidance every step of the way to ensure it was fully legal.

The eviction date is looming and I'm wondering what the correct procedure is. I understand the tenant has the entire day of eviction to vacate the premises - does this mean I do not contact the tenant on this day, or do wait until the following day?

I highly suspect the tenant has done this before and will lodge a dispute to remain in the property over Christmas. Meanwhile, rent has not been paid and is mounting up. I understand I can lodge a dispute for outstanding rent arrears but how likely is it that this can and will be recouped? And how do we chase this? I am aware of where the tenants workplace.

If anyone can advise me on how we actually physically carry out the eviction on the date (what to do / what not to do) I would be most appreciative - I'm not finding clear instructions online. Thank you.

if the tenant fails to vacate the property , you cannot in anyway try and force the issue , you are at a very early stage should your tenant refuse to comply with this particular eviction notice , you will need to make fresh contact with the RTB , eventually you should get a hearing with them , if they rule in your favour , you then have approval to proceed to the actual courts , the RTB themselves dont evict anyone , they are simply there to verify that you the landlord have adhered to the step by step process - that you choreograph things correctly , if you dont , the tenant can throw you back to square one and with the backing of the RTB so you need to read up on what is required of you carefully , sorry but its that much of a pain

the whole thing ( RTB ) is utterly unfit for purpose in its current form

 

[cremeegg]

If anyone can advise me on how we actually physically carry out the eviction on the date (what to do / what not to do) I would be most appreciative - I'm not finding clear instructions online. Thank you.

Your naivety is astonishing.

You have two options, do as Galway suggests, or buy a baseball bat.

 

[The Horseman]

Folks,

Renting out a property for 4/5 months now. Disastrous from start to finish; Rent consistently late, anti-social behavior complaints received (warning notice issued for those). 12 month contract signed with tenant at commencement. Have issued a Notice of Arrears previously, and again last month. When rent was not paid within 14 days I physically dropped off an Eviction notice (have photo proof of this). Received PRTB guidance every step of the way to ensure it was fully legal.

The eviction date is looming and I'm wondering what the correct procedure is. I understand the tenant has the entire day of eviction to vacate the premises - does this mean I do not contact the tenant on this day, or do wait until the following day?

I highly suspect the tenant has done this before and will lodge a dispute to remain in the property over Christmas. Meanwhile, rent has not been paid and is mounting up. I understand I can lodge a dispute for outstanding rent arrears but how likely is it that this can and will be recouped? And how do we chase this? I am aware of where the tenants workplace.

If anyone can advise me on how we actually physically carry out the eviction on the date (what to do / what not to do) I would be most appreciative - I'm not finding clear instructions online. Thank you.

If you go down the legal route you can garnish their income although it could take years and years to get your money back.

 

[galway_blow_in]

If you go down the legal route you can garnish their income although it could take years and years to get your money back.

would not waste a second even thinking about such an unlikely outcome , delinquent tenants are immune from financial penalty , getting them out is the end game goal and nothing more than that

 

[dmos87]

Thanks all. Not niaive, but more wishful thinking!

As expected, a dispute was filed in the 11th hour claiming we are illegally evicting - we're not. I have counter claimed for payment of rent arrears and overholding, and all supporting documentation has been submitted by me. The PRTB advised that we could be heard in two weeks time, although really with Christmas I'm still looking at early January. Is there any way to expedite things?

 

[Sarenco]

Hi dmos87

There isn't really any way of expediting things but it it sounds like you have played things by the book. At this stage you just need to be patient and stay determined.

I know it's frustrating but you just have to stick with the process.

The RTB gets a lot of stick around these parts but I've heard good things lately about their enforcement approach - it won't happen overnight but you will get there.

BTW the small claims court is a good avenue for recovering unpaid rent up to €2k but the priority at this stage is recovering possession of your property.

Good luck and come back to us with any specific questions.