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Am I within my rights?
https://mail.paphospeople.com/ppforum/viewtopic.php?f=45&t=18854		 Page 1 of 1
Author:  Jean [ Mon Oct 31, 2011 2:30 pm ]
Post subject:  Am I within my rights?
I own an apartment in Universal, and until the end of August had a tenant in - a young Rumanian guy, always paid his rent on time and no problems at all. He gave me notice at the beginning of August that he would be moving out at the end of the month to live with his girlfriend - his contract expired at the end of August anyway. He asked if his mother could move in in his place, and, as he had been such a good tenant, and I know his sister who is also an excellent tenant, I agreed. She became my tenant as from 1st September, and I prepared a contract for her for to sign when I collected the rent - however, no rent came but was promised for 15th September . . . . . still no rent. Then came October, and no rent again, but a promise that a big cheque had come from her employer so she would pay me 5 months rent (4 plus 1 month deposit) when it cashed through the bank. For two weeks she fobbed me off about the bank doing checks on how she had this large cheque, and, after a promise to pay me on the 21st, I rang her on the 21st to make arrangements, for her to tell me her mother had died and she had flown back to Rumania! Last week she asked for my bank details to pay the money into my account (which I refused to supply), but she assured me it would be available for me this morning - to go to the apartment and it would be there . . . . . hurray - - - - NOT! I got a phone call yesterday to say she was flying back this morning and would have the cash for me . . . . . NOT! She now tells me the banks won't cash the cheque for 7 day! I have now given her an ultimatum - as of tomorrow she owes me €900, so she pays me €450 tomorrow and the the balance next Monday. If she does not pay tomorrow, or next week, she is out! Am I in my rights to do this - can I remove her goods from MY apartment and change the locks? I don't want to get on the wrong side of the law, but this is now starting to threaten my health - I am so stressed!
Author:  Lesley [ Mon Oct 31, 2011 2:33 pm ]
Post subject:  Re: Am I within my rights?
Jean why don't you ask Haris in the legal section?

Lesley
Author:  Jean [ Mon Oct 31, 2011 2:46 pm ]
Post subject:  Re: Am I within my rights?
Thanks Lesley - that's where I thought I'd posted this - STRESS :badpc
Author:  Jean [ Mon Oct 31, 2011 2:48 pm ]
Post subject:  Re: Am I within my rights?
I have just had a phone call from her to say she is borrowing the money from her son and daughter, so I have said I will go to collect it tomorrow at 12.30, and if the money is not available she must leave the apartment! As she has never signed a contract can I do this?
Author:  DollyDaydream1 [ Mon Oct 31, 2011 2:58 pm ]
Post subject:  Re: Am I within my rights?
I don't see why not Jean, you've certainly been more reasonable than you hear of some Cypriot landlords being!

DD
Author:  Trollydolly [ Mon Oct 31, 2011 3:39 pm ]
Post subject:  Re: Am I within my rights?
Jean the contract isn't worth the paper its on -unless its done through a solicitor a registered agent. Give her her marching orders if she ain't got the rent now and has to get the money from relatives how will she pay you in the future.Good luck. Marj
Author:  Haris Kalogirou [ Tue Nov 01, 2011 3:08 pm ]
Post subject:  Re: Am I within my rights?
Dear Jean,

Thank you for contacting me.

It was not clear whether or not you actually signed the tenancy agreement. In any event, the only way for you to legally evict the tenant, if she does not leave willingly, is through the Court.

Please note that it is illegal for you to enter the property without her consent. Thus, you can not go to the property to remove her belonging or to change the locks. If you enter the property without her consent, it is a criminal case against you.

Please contact me if you need assistance with this.


Regards

Haris Kalogirou
Author:  Jean [ Tue Nov 01, 2011 4:32 pm ]
Post subject:  Re: Am I within my rights?
She did not sign any contract, and the contract with her son has expired. However, the problem is now solved - I went down this morning and there was no answer when I rang the bell - I rang her son who claimed not to know her whereabouts, so I entered the apartment. It was empty - the fridge was empty and switched off - the wardrobes totally empty - she has gone! I will now have to wait until the utility bills arrive to see if I have been landed with any bills!
I did however see her son in law who told me that her mother has not died - that was a lie! She has not been back to Rumania - another lie!
So, €900 down - but will have to put it down to experience . . . . .
Author:  migmogs [ Tue Nov 01, 2011 4:51 pm ]
Post subject:  Re: Am I within my rights?
jean
have you changed the locks to stop her getting back in?
I am so sorry to hear that yu have had such an awful experience.glad that it is being resolved at last....financially not your way sadly
sending you a ((HUG)))
maggie
Author:  Jean [ Tue Nov 01, 2011 4:52 pm ]
Post subject:  Re: Am I within my rights?
Thanks Maggie - locks being changed in the morning :greetings
Author:  happy56 [ Tue Nov 01, 2011 4:58 pm ]
Post subject:  Re: Am I within my rights?
By Demou brothers perchance? :lol:

(Not that I'm making light of things Jean) Lets hope she gets her comeupance sometime in the near future!!!!! :tickedoff
Author:  Jean [ Tue Nov 01, 2011 5:03 pm ]
Post subject:  Re: Am I within my rights?
Damn No! A friend is changing it for me . . . .

I can only hope so - the son in law asked me to let the son rent it from me, and, having known him for about 6 years I agreed. He told me this morning that he would never have recommended the mother to me! He also told me that she had told him that she had paid me Septembers rent and only owed October! :greetings
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