rent small-claims-court covid-19 ireland deposit
Reclaim hotel costs from landlord
<p>I was renting a room from a live-in landlord. My girlfriend came from Japan to stay with me for a few weeks. While she was here, the landlord asked for an extra €100 per week while she was here to cover electricity costs to which I agreed.</p>
<p>During her stay we both got Coronavirus. After I informed the landlord, we got into an argument and she told us to get out, so we got a hotel for the week, until we could sort something else out.</p>
<p>She is now refusing to return the money  (full deposit, and €300 of the €400 I paid in advance for the girlfriend) I believe she owes me. So I will be taking this matter to the small claims court.</p>
<p>My question is, should I include the hotel costs in my claim? The hotel cost up to €1,500 for the week. Or should I consider that a sunk cost?</p>

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<p>should I include the hotel costs in my claim? The hotel cost up to €1,500 for the week. Or should I consider that a sunk cost?</p>
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<p>You might be able to recover all your expenses, including hotel costs, under the legal theory of <em>unlawful ouster</em>.</p>
<p><a href="http://heimatundrecht.de/sites/default/files/dokumente/Black%27sLaw4th.pdf" rel="nofollow noreferrer">Black's Law Dictionary</a> defines <em>oust</em> as &quot;<em>to deprive of the possession or enjoyment of an estate</em>&quot;. The details of your argument with the landlord are relevant for establishing a claim of <a href="https://legalguide.ie/co-owners-rights/#ouster-exclusion" rel="nofollow noreferrer">ouster</a> insofar as the landlord's vehemence and/or statements are indicative of her intentionality.</p>
<p>Your claim of ouster would need to be premised on <a href="https://legalguide.ie/common-law/" rel="nofollow noreferrer">common law</a> or as a matter of equity because the Irish <a href="https://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/pdf" rel="nofollow noreferrer">Residential Tenancies Act 2004</a> does not appear to address issues of ouster.</p>
<p>Statutory law in other jurisdictions does provide remedies for ouster. For instance, <a href="https://www.oregonlegislature.gov/bills_laws/ors/ors090.html" rel="nofollow noreferrer">Oregon Revised Statute 90.375</a> provides relief that includes &quot;<em>an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater</em>&quot;. Likewise, section 34.03.210 of the <a href="https://www.law.alaska.gov/department/civil/consumer/3403010.html" rel="nofollow noreferrer">Alaska Uniform Residential Landlord &amp; Tenant Act</a> provides &quot;<em>an amount not to exceed one and one-half times the actual damages</em>&quot;.</p>
