# damage caused by tenants boyfriend



## updadubs (8 Jan 2014)

A tenants boyfriend kicked a door in and engraved his initials into it, causing approximately 800 euro in damage. The tenant has moved out and is demanding her deposit back and claiming the issue with the door and frame is between me and the boyfriend. what can I do ?


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## STEINER (8 Jan 2014)

Keep the deposit to cover the damage caused by her boyfriend.  

Did you report the incident to the Gardai and your insurance company?


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## robert 200 (8 Jan 2014)

Reporting the incident to the Gardai is fine but I wouldnt recommend the insurance company. The tenant must be held responsible for their guests.


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## updadubs (8 Jan 2014)

The deposit will only cover half the damage, I would consider this criminal damage, should I refund  her and have him charged.


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## robert 200 (8 Jan 2014)

I would just keep her deposit ,its not worth the grief and in future hold a more realistic deposit.


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## updadubs (8 Jan 2014)

And what happens when the tenant weighted prtb letter arrives at my door ?


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## pudds (8 Jan 2014)

updadubs said:


> And what happens when the tenant weighted prtb letter arrives at my door ?




Your tenant has admitted that her boyfriend caused the damage, so your tenant is responsible. Keep her deposit.

Let her reclaim it off her charming boyfriend if she likes.


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## shesells (8 Jan 2014)

Your tenant is responsible for damage done by any visitors to the property during their tenancy. If anyone takes a PRTB case it should be you to obtain the balance not covered by her deposit.


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## updadubs (8 Jan 2014)

I wasnt aware I could take a prtb case


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## Seagull (9 Jan 2014)

The question is whether he was acting as a visitor at the time, or if e.g. she had locked him out and he kicked the door in in a rage. Your best option is probably to report it to the gardai and pursue him for costs.


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## updadubs (9 Jan 2014)

She moved him in and he caused a lot of upset in the house, I told him to leave and issued her notice in writing but she left with him and is  now claiming I did not give it in writing, the notice is still on floor in her room. Should I get a photocopy of it and contact prtb? I cannot reclaim room till 28 day notice has lapsed.


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## updadubs (9 Jan 2014)

Can I insist that the gardai charge him with criminal damage?
He intentionally engraved his initials on room door and bashed it in, this has been admitted on in vile text messages, yet strangely I have to look to cover myself from prtb prosecution.


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## G7979 (10 Jan 2014)

Did you rent her a room or the house/apartment?


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## Bronte (10 Jan 2014)

updadubs said:


> The tenant has moved out and is demanding her deposit back and claiming the issue with the door and frame is between me and the boyfriend.


 

No it's not, it's your tenant's damage.  You need to send an email to the PRTB today, outline what has happened, so you are in first with them, and ask them what you can do. 

Take pictures of the damage, if the tenant is gone I don't see why you cannot reclaim the room. But ask the PRTB so that you don't do anything wrong.  

To cover yourself, I would send her and the boyfriend a registered letter with pictures of the damage and telling them it's being paid for out of the deposit.  

I would be very careful to follow the rules of the PRTB to the letter.   Also I would change the locks.  Depending on their caracters, I would be worried she would come back and be vindictive.  So sometimes it is better to pay back the deposit, that's your call.


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## G7979 (10 Jan 2014)

Hang on - the size of the deposit (approx 400Euro) and post #11 - She moved him in and he caused a lot of upset in the house, I told him to leave and issued her notice in writing but she left with him and is now claiming I did not give it in writing, the notice is still on floor in her room. Should I get a photocopy of it and contact prtb? I cannot reclaim room till 28 day notice has lapsed. - suggest this was a rent a room situation not a full letting so the PRTB does not apply in this case, nor does the 14 day arrears and 28 days notice apply. - If this is your own home and you rented her a room, change the locks do not allow a person who has demonstrated violence back into your home.

You rented her the room not him - she is responsible for the behaviour of her guests. If she wants to take the matter further tell her she is welcome to do so. 

See her for more info on renting a room - 
http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

Take Photos of the room and the damage, save/download the messages you say you have - get the repairs done and get a receipt. Ask for her address - you can let her believe it is so you can finalise the deposit - then send her a bill for the remaining balance - registered post, if she wont give you her new address then maybe send it registered to her place of work. If she causes any further upset tell her you will have no option but the file a report for damages with the police and take her to the small claims court.

***However*** as Bronte says sometimes right and wrong does not come into it - sometimes it is better to give the deposit back and not have to deal with the consequences - that really is your call, how far do you want to go with this? 
As for the nasty messages - file them away in case you need them later - sticks and stones and all that


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## Bronte (10 Jan 2014)

G7979 said:


> Hang on - the size of the deposit (approx 400Euro) and post #11 - She moved him in and he caused a lot of upset in the house,


 
So it's not a landlord tenant situation is what you are getting at, I missed that. It's a rent a room scheme. Totally different thing then. So tenant is gone, great, owner is in house, great, but change the locks all the same, and PRTB have nothing to do with it, nor does she need to give notice as far as I know.

OP, you mentioned she moved boyfriend in, did you not agree to rent her and her alone the room?


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## G7979 (10 Jan 2014)

Yes Bronte - OP wasnt clear - but it was actually - 

This from post #11 - I cannot reclaim room till 28 day notice has lapsed

Post #1 - causing approximately 800 euro in damage

And Post 4 - The deposit will only cover half the damage

That make me think its a rent a room situation. 

Tenants are entitled to reasonable notice but from what I gather - she ran off of her own accord - I would be inclined to tell her - you are not getting your deposit back, do as you wish (re small claims court, PRTB etc) but also not chase the outstanding balance - get the work done, clean up the room, advertise again and get a new lodger, chalk the whole thing up to experience. If she continues to get nasty and hound the OP only then would I involve the authorities, but it would be for threatening behaviour, not damages etc.


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## Bronte (10 Jan 2014)

If she's worried about any further threats, I'd report now the damage to the door to the gardai. That will soften the tenants cough. It's disgusting people trying to get out of paying for damage caused by people they invited into the OP's home.

Some people have no sense of shame, if a relation of mine did this I'd be mortified.


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## updadubs (10 Jan 2014)

Folks, thanks for replies, she is 1 of 5 in a shared, rented house.


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## updadubs (10 Jan 2014)

I have liased with the gardai from the day this happened and found them very supportive, I will report to prtb on monday... but called them today for advice on what to do with the stuff she has left, that she wont remove unless her demands aee met, prtb wouldnt  give advice but refeered me to flac, turns out removing hrr stuff even after 28 day notice period is a grey area, I should then send her a letter and allow a further 14 days for her to collect stuff.. its an absolutrly disgusting situation.. I feel totally at the mercy of her.


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## pudds (10 Jan 2014)

> turns out removing hrr stuff even after 28 day notice period is a grey area, I should then send her a letter and allow a further 14 days for her to collect stuff..



Did she even leave you a contact address.

What kind of stuff is it, if its stuff that could fit into black bags, is there any place you could store them safe and dry untill she collect them, and meantime get on with sorting the room out.

Hope you took pic's and all that.


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## updadubs (10 Jan 2014)

Its clothes and stuff.. would like to put it in bags, store it and  move on but might leave myself open to prtb sanstions, although they wont advise me on what to do..


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## facetious (11 Jan 2014)

updadubs said:


> I wasnt aware I could take a prtb case


A landlord cannot make a claim if the tenancy is not registered with the PRTB.

As has been said by previous posters, tenants are responsible for their visitor's damage. Thus, if you have the current address of the tenant make a claim with the PRTB (Is the tenancy registered?) for the cost of repair / replacement of the door. If you don't have her current address, the claiming will be useless as the PRTB do not act as finders of people - the same as the courts. No address means that the documents cannot be sent to the "Respondent tenant".

You are fully entitled to retain the deposit to cover some of the damage caused.


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## updadubs (11 Jan 2014)

The tenancy is registered.


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## pudds (11 Jan 2014)

> *Damage to the property above normal wear and tear*
> 
> Deductions  may be made or the deposit retained in full if there has been damage  above normal wear and tear to the property. Normal wear and tear occurs  where deterioration occurs over a period of time due to ordinary and  reasonable use of the premises.
> 
> ...





http://www.threshold.ie/advice/ending-a-tenancy/non-return-of-security-deposit-by-your-landlord/

No harm to get a couple of estimates at least, to back up your claim.


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## masterboy123 (11 Jan 2014)

I think best it to report to PRTB. They will forward this case to court...


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## updadubs (11 Jan 2014)

The gardai have been adsolutely great but I found the prtb to be very standoff'ish. I dont have a forward address so anything I do via prtb would only be to cover myself, im the victim of a crime where the criminals girlfriend has a chance to have a go... a truely ridiculous situation. Its like being mugged and when the mugger is caught claiming that half the money in the wallet is theirs. Very disheartening.


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