One of the most difficult parts of being a landlord is evicting tenants. A landlord can choose to evict tenants for many reasons, not all of them are down to a breach of the contract. Regardless of the why, a landlord can not just simply ask tenants to leave, some processes need to be followed.
In this article, we will explore how landlords can remove tenants from their properties while keeping to the letter of the law.
Can You Evict a Tenant Without Notice?
No, the law strictly prohibits a landlord from evicting tenants from their properties without prior notice. An illegal eviction is where you prevent a tenant from:
- Accessing the property
- Accessing their belongings
In this event, the tenant can take legal action against you.
Can the RTB Evict a Tenant?
The RTB (Residential tenancies board) will be passively involved in any legal evictions because to evict a tenant a letter must be sent to the RTB. However, the RTB will only be actively involved in eviction when a contract stipulation has been broken.
The reasons the RTB may intervene with a landlord are:
- Tenant not holding up their obligations
A tenant like a landlord has certain obligations, if they fail to meet these the RTB may decide to intervene. A tenant’s obligations are things such as paying their rent, not exceeding occupancy and ensuring that they are not damaging the property.
- If you want to sell
If you intend to sell the property in the following 9 months you can also use this as grounds to terminate the tenancy. However, if you’re selling multiple properties you need to be careful since there are some restrictions.
- Refurbishment
If you need the property vacant to refurbish the interior/exterior then you may need to end the existing tenancy. Once the refurbishment is complete you are legally obliged to offer the property back to the incumbent tenants.
- Property Purpose
If you want to change the property’s intended use from residential to commercial then you have grounds to evict your current tenants.
- Moving Home
If you wish to move back into the property or require it for your use then you have the right to commence the eviction process.
When Can I Evict On a Fixed Term Agreement?
No, you can not evict a tenant on a fixed terms agreement, the only instance where you can is if the tenant fails to meet their obligations.
Eviction Notice Periods
The notice you are required to give depends on how long the same tenant(s) have occupied the property. The table below indicated the amount of notice required based on the length of the tenancy.
| Length of Tenancy | Notice Required |
| Less than 6 months | 90 days |
| 6 months to a 1 year | 152 days |
| 1 year to 7 years | 180 days |
| 7 to 8 years | 196 days |
| 8 years or longer | 224 days |
Property Management Dublin
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