Legal Steps to Evict a Tenant in Ireland

Ending a tenancy in Ireland requires following a strict legal process. Getting it wrong — using incorrect notice periods, invalid grounds, or improper form — can invalidate your notice and leave you liable for costs. This guide covers the legal steps from start to finish.

Important: This guide covers the standard private rental process under the Residential Tenancies Acts. There are separate rules for rent-a-room arrangements, student-specific tenancies, and other specific situations.

Part 4 Tenancy Rights

After 6 months of continuous occupation, a tenant gains Part 4 rights — security of tenure for the next 5.5 years (to make up a 6-year cycle). Landlords can only terminate a Part 4 tenancy on specific grounds. After 6 years, the tenant gains further rights under a new cycle.

During the first 6 months, either party can terminate without giving specific grounds.

Valid Grounds for Termination

Once a tenant has Part 4 rights, you can only terminate on these grounds:

1. Rent Arrears

Tenant has failed to pay rent.

Must serve a 28-day “rent arrears notice” first, giving the tenant time to pay
If they pay within 28 days, the tenancy continues
If not, you can then serve a notice of termination

2. Breach of Tenancy Obligations

Tenant has seriously breached the tenancy agreement.

Examples: anti-social behaviour, damage to property, sub-letting without consent
Must be serious or repeated
You should document incidents and warn the tenant in writing first

3. You Need the Property for Yourself or Family

You, your spouse/civil partner, parent, child, or sibling needs to live in the property as their principal private residence.

The person must actually move in (you cannot re-let for at least 12 months)
If you re-let within 12 months, the original tenant must be given first refusal

4. Sale of the Property

You intend to sell the property within 3 months of the tenancy ending.

The sale must be genuine
You cannot re-let within 12 months without offering first refusal to the tenant

5. Substantial Refurbishment

Works requiring vacant possession are planned.

Works must be substantial and require the tenant to vacate
Planning permission must be in place (if required)
If you re-let after works, the original tenant has first refusal at the same or lower rent

6. Change of Use

You intend to change the use of the property (e.g., converting to commercial use).

7. First 6 Months of Tenancy

Before Part 4 rights arise, you can terminate without stating grounds. This ground disappears after 6 months.

Notice Periods (2026)

Notice periods depend on the duration of the tenancy:

Tenancy Duration	Minimum Notice
Less than 6 months	28 days
6 months to 1 year	90 days
1 year to 2 years	120 days
2 years to 3 years	150 days
3 years to 4 years	180 days
4 years to 5 years	196 days
5 years to 6 years	210 days
6 years to 7 years	224 days
7 years to 8 years	238 days
8+ years	252 days

How to Serve a Valid Notice

A notice of termination must:

Be in writing (email is acceptable if agreed, but registered post is recommended)
State the date of service
State the termination date (accounting for the correct notice period)
State the reason for termination (for Part 4 tenants)
State the tenant’s right to refer the matter to the RTB within 90 days
Be signed by the landlord or their authorised agent

For rent arrears notices: The initial 28-day rent arrears notice must also state the amount owed.

Serving the Notice

Serve by:

Handing it to the tenant personally
Leaving it at the property address
Registered post (recommended — gives you proof of delivery)

If sending by post, add 2 working days to the notice period to account for delivery.

The Process Step by Step

Step 1: Identify Your Ground

Confirm which valid ground applies and gather evidence.

Step 2: (Rent Arrears Only) Serve Rent Arrears Notice

If terminating for rent arrears, you must first serve a 28-day notice allowing the tenant to pay. If they pay within 28 days, you cannot proceed with termination.

Step 3: Prepare the Notice of Termination

Use a properly worded notice that includes all required elements.

Step 4: Serve the Notice

By registered post or hand delivery. Record the date.

Step 5: Wait for the Notice Period to Expire

Do nothing during this period unless the tenant disputes the notice.

Step 6: If the Tenant Disputes

If the tenant refers to the RTB, engage with the process. A mediation or adjudication hearing will determine validity.

Step 7: If the Tenant Overholding

If the notice period expires and the tenant remains, they are overholding — remaining without legal right. At this point:

Issue a written demand to vacate immediately
File an RTB adjudication request for overholding

RTB Dispute Process for Overholding

If a tenant refuses to leave after a valid notice:

File a complaint with the RTB online (rtb.ie)
RTB will schedule mediation (usually 6–8 weeks)
If mediation fails, an adjudication hearing is scheduled (8–16 weeks after filing)
If the adjudicator finds in your favour, they issue a determination order requiring the tenant to vacate

If the tenant still refuses after a determination order, you apply to the Circuit Court for enforcement. The court can order the tenant’s removal.

Total timeline: In serious overholding cases, the full process can take 6–18 months. This is a known weakness in the Irish system.

Costs

Stage	Approximate Cost
RTB mediation	Free
RTB adjudication	€15–€25
Legal advice	€200–€400/hour
Circuit Court application	€1,000–€3,000 in legal fees

Protecting Yourself

Before it comes to eviction:

Conduct proper tenant screening from the start
Respond quickly to minor issues before they escalate
Document everything in writing
Address rent arrears immediately — the longer you leave it, the harder it gets

Keep records of:

All rent payments received (or not received)
All written communication with the tenant
All notices served and proof of delivery
Any damage or breach incidents

Invalid Notices — Costly Mistakes

Common mistakes that invalidate notices:

Wrong notice period (especially common after tenancy years increase)
No stated reason (for Part 4 tenants)
Not signed by landlord or agent
Missing RTB reference information
Rent arrears — not serving the 28-day notice first
Serving the notice incorrectly (no proof of delivery)

An invalid notice means you must start again — adding months to the process.

Getting Legal Help

Eviction cases are complex. If facing an overholding tenant or complex dispute:

Threshold — free advice for landlords on tenancy law: threshold.ie
RTB — guidance on procedures: rtb.ie / 0818 303 037
Private solicitor — essential for court proceedings

Disclaimer: This is a general guide only. Tenancy law is complex and mistakes can be costly. Seek legal advice before serving a notice of termination.