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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.

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.

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.

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?

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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?

You might be able to recover all your expenses, including hotel costs, under the legal theory of unlawful ouster.

Black's Law Dictionary defines oust as "to deprive of the possession or enjoyment of an estate". The details of your argument with the landlord are relevant for establishing a claim of ouster insofar as the landlord's vehemence and/or statements are indicative of her intentionality.

Your claim of ouster would need to be premised on common law or as a matter of equity because the Irish Residential Tenancies Act 2004 does not appear to address issues of ouster.

Statutory law in other jurisdictions does provide remedies for ouster. For instance, Oregon Revised Statute 90.375 provides relief that includes "an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater". Likewise, section 34.03.210 of the Alaska Uniform Residential Landlord & Tenant Act provides "an amount not to exceed one and one-half times the actual damages".

Iñaki Viggers
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