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how to stop tenant from occupying with out paying

how to stop tenant from occupying with out paying

Old Dec 28th 2009, 8:46 pm
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Default how to stop tenant from occupying with out paying

I wonder whether you experienced tenants renting your property with the intention of not paying rent and long did it take you to get them out?
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Old Dec 28th 2009, 9:24 pm
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Default Re: how to stop tenant from occupying with out paying

Originally Posted by jan123
I wonder whether you experienced tenants renting your property with the intention of not paying rent and long did it take you to get them out?
Not me personally, but a friend had this problem.

His tentants stopped paying in Oct 2008 (they had only been in situ for two months). By Jan 2009 my friend had given up trying to speak with them so he instructed a solicitor. I'm not sure what the solicitor's fees were but somewhere between 1000 and 2000 euros I think. The tenants were given a court date in April 2009 but "failed to show" meaning that it was an automatic guilty verdict and they were evicted about 6 weeks after that. Apart from the soicitor's fees my friend was out of pocket about 8 months' rent.

The main problem was that the tenants were using the property as their "habitual residence" which gives them all sorts of rights that a "holidaymaker" would not have.

Last edited by Veleta; Dec 28th 2009 at 9:58 pm. Reason: got the years wrong.
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Old Dec 28th 2009, 9:28 pm
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Default Re: how to stop tenant from occupying with out paying

Thank you
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Old Dec 28th 2009, 9:33 pm
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Default Re: how to stop tenant from occupying with out paying

One thing I learnt from the process (I was called as a witness) is that the contract the tenancy agreement was written on isn't worth diddly squat.

At the end of the day statute law completely overrides contract law so whatever is written in your contract is overruled once legal proceedings begin. For example, you have no right to kick your tenants out once the contract has come to an end. They can stay on if they wish.

Fortunately non-payment of rent is covered by the statute law so that is grounds for eviction.
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Old Dec 28th 2009, 9:37 pm
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Default Re: how to stop tenant from occupying with out paying

I notice that the Law has changed recently, giving landlords more rights.

http://www.costa-news.com/index.php?...=4350&Itemid=1
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Old Dec 29th 2009, 7:17 am
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Default Re: how to stop tenant from occupying with out paying

Please see previous threads on this topic for more info ..

I have a number of properties that I rent out - some for holiday lets and some for 'permanent' lets. As per previous posts, I had one family mor=ve in and stop paying not only the rent but also the utility bills. Like you, I instructed the solicitor and courts and the tennant eventually vacated the apartment. The biggest issue though was the electric bill. Even though it was in someone elses name, I was still liable for it!!!! Unless I paid the bill (over 500 euros) then the meter would be removed giving me the usual problems of getting one back (boletins, bad credit reference etc...)

We also had a case where one of my tennants was conducting her business from an apartment () - again she refused to pay the bills. This time, I'm sorr to say, I used a little more force and she left of her own free will. I would never recommend this route as the law is withg the tennant and I could have been in bigger trouble.

All-in-all, renting out property is NEVER plain sailing and can cost more than it's worth. My wife has even suggested locking all the doors and leaving the properties empty 'till the crisis is over and people have more money to pay bills etc.
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Old Dec 29th 2009, 7:49 am
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Default Re: how to stop tenant from occupying with out paying

Originally Posted by snikpoh
Please see previous threads on this topic for more info ..

I have a number of properties that I rent out - some for holiday lets.
do you find holiday let more secure?
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Old Dec 29th 2009, 2:13 pm
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Default Re: how to stop tenant from occupying with out paying

Originally Posted by jan123
do you find holiday let more secure?
Yes, personally I do. However, they take a lot more management as they tend to be for short periods - a week here or a fortnight there. I charge an all inclusive price for holiday lets so have no issues with electric/gos/water etc.

As I say, the downside is that there is no long term flow of income but the prices are higher.

Pays your money, takes your choice
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