tenants not paying rent?

[suicra05]

Two tenants are leasing my apartment for the past nine months. They have not paid this months rent and are working on the security deposit. I am unable to access the apartment. One said he is leaving end of the month. Can I just get rid of them. At present feel like changing the locks and leaving their stuff outside as situation is getting messy. Advice please.

 

[delgirl]

They have not paid this months rent and are working on the security deposit.

What do you mean by 'working on the security deposit'? They're using their deposit as the last month's rent? Have they given you notice?

I am unable to access the apartment.

Have you called to talk to them? You are not legally entitled to enter the apartment when they are not there unless you have given 7 days notice or in the case of an emergency.

At present feel like changing the locks and leaving their stuff outside as situation is getting messy.

You're not legally entitled to do this either! If they're not paying the rent and you want them out, you need to give [broken link removed]of the tenancy in accordance with the 2004 Private Residential Tenancies Act.

If you evict them unlawfully and they complain to the PRTB, you will face a hefty fine and will have to pay their costs, for example if they had to stay in a B&B or hotel while they sought alternative accommodation. Check out these Disputes on the PRTB website for more info.

You would probably be better off getting them to leave amicably at the end of the month.

 

[suicra05]

Delgirl,
Met one of the tenants last night and visited apartment. Got an agreement they would leave end of month. Apartment not in great condition. Both tenants employed in motor trade. Grease embedded in furniture and carpets etc. Once I get them out how best can I reclaim
any expenses?
Will PRTB help me (landlord) to reclaim expenses for damage caused?
Advice please.

 

[delgirl]

Are they using their deposit as a last month's rent? What does it say in your lease about using the deposit in this way? The lease I use, which complies with the 2004 tenancies act, states that tenants may not use their deposit as rent. You can download a lease from [broken link removed]if you don't already have one for your next tenants.

Did you point out the state of the carpet / furnishings when you visted the property? Are they prepared to put this right before they leave? It should state in your lease that they have to clean the property before they leave.

It may not be worth your while pursuing - it's very difficult to track tenants when they leave a property - if they leave on bad terms, they don't usually leave a forwarding address.

You can deduct expenses such as carpet / furniture cleaning between lettings from your rental income. Perhaps you would have had to clean these items anyway?

If they have a lease, they would have been obliged to do the following:

- give written notice of 35 days (9 month tenancy)
- not use the deposit as a last month's rent
- make good any damage to property prior to departure

You'll have to really decide for yourself whether it's worth pursuing them - it could have been a much worse situation if they remained in the property and stopped paying the rent.

At least they're agreeing to be out by the end of the month. Make sure you agree a date and time for the handover and tell them you want the place cleaned.

 

[suicra05]

Delgirl,

Tenants have now left. Apartment needs to be repainted due to grease marks. Carpet needs to be replaced in Livingroom area. Kitchen & toliets need a very good cleaning due to neglect. Three piece suite of furniture needs to be replaced due to heavy grease stains. I have home addresses for the two individuals. What is the best thing to do? Is it worth pursuing them through the PRTB? Apartment and them were registered with PRTB. If I went through PRTB, can they enforce any compensation due to me?

Advice please.

 

[mayotom]

Sue them for the damage using the small claims court.....

 

[ClubMan]

Small Claims Court only applies in the context of consumer claims against businesses. It does not apply here.

 

[Thrifty]

Try writing first - Work out the various costs etc - list them clearly and give them the opportunity to pay - put a date on it. Follow up after that with another letter and it might be then worth paying for a once off solicitor's letter. I'd imagine you'd be in a stronger position if you had a legal agreement. If you're renting out again and don't have one get it touch with Threashold - they can be helpful. Didn't realise the above about the small claims court

 

[delgirl]

- give written notice of 35 days (9 month tenancy)
- not use the deposit as a last month's rent
- make good any damage to property prior to departure.

Make sure you agree a date and time for the handover and tell them you want the place cleaned.

If you feel it's worth pursuing, you need to contact the PRTB asap and ask them how to proceed.

If your tenants breached any or all of the above and you have fowarding/home addresses, you should have a good case - but, not knowing all the facts (i.e. condition of apartment & furnishings at outset of tenancy), only the PRTB can decide this.

I would in the meantime - take photographs of the property highlighting areas of damage. Get quotations from cleaning companies for the cleaning required. Ask them to mention in their quotation items which are 'beyond cleaning' and need to be repaced. Get estimates for the replacement of these items.

I would also advise you to replace the carpet in the living room with laminate flooring if possible - best thing I ever did!

 

[suicra05]

From previous posting, can anybody recommend a cleaning company in Sandyford area of Dublin that might look at this apartment?