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Unlawful eviction

Late night. My son moved into a house. Rent was €800.00 per month. And a month in advance. His friend was sharing. They paid €1,200.00 on Friday evening and were evicted at noon on Saturday as his friend needed to get two hours to get his wages. Was

Well Joe based on the question the answer is absolutely not.  The Landlord has no right whatsoever to do this.  When you rent a property you enter into a contract whether it is in writing or verbal and the payment of the rent in advance is evidence of that contract.  The Landlord had no right to do this and although it is probably too late now to get the property back- you could have called the Gardai as the Landlord was trying to evict you and the Gardai would explain to the Landlord in no uncertain terms that this was a civil matter and he had no right to take this course of action. Equally there are rights under the Private Residential Tenancies Board www.prtb.ie that tenancy agreements must be registered and must be in writing and provide certain statutory rights to tenants that cannot be ignored by Landlords.

But it's not too late to sue the landlord for compensation. Assuming that you are out of the accommodation now my advice is to see your solicitor and sue this Landlord for damages.  The Courts in dealing with bullies like this Landlord are inclined to award damages in excess of €10,000.00 for this type of conduct.  See your solicitor as soon as possible.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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