Evicting a tenant who has no lease

Musiclover08

Senior Member
Joined
Aug 8, 2008
Messages
753
#1
Hi all

Looking for some advice. I recently managed to purchase some land which has a tenant.
However, speaking to the previous landlord, this tenant has no lease and does not pay their rent in full.
I would like to evict and have sent notice to the tenant. However, I see that there are certain laws governing evictions. I can't seem to find anything about tenants with no lease on the internet and would appreciate any help.
 

KingMikel

Senior Member
Joined
Aug 18, 2011
Messages
837
#2
Tell the tenant to waai. If they refuse, throw their *** out.
They'll not be able to prove they lived there as there was not any paperwork stating so.
 

ToxicBunny

Honorary Master
Joined
Apr 8, 2006
Messages
78,937
#3
Tell the tenant to waai. If they refuse, throw their *** out.
They'll not be able to prove they lived there as there was not any paperwork stating so.
Do not follow this persons advice, it will end up with you in court.

Send notice to the tenant. If they do not comply, institute proceedings to get the evicted via the Rental tribunal (or whatever they're called) since the tenant has an implied lease due to them being around prior to you owning the property as far as I understand it, also at worst they have squatters rights since they have been there for a period of time.
 

Musiclover08

Senior Member
Joined
Aug 8, 2008
Messages
753
#5
you should have had the previous owner kick them out before you bought.
I should have but the landlord "forgot" to let me know. Non-payment is a breach of any agreement, could I send them a notice stating that the agreement is terminated due to non-payment or should I give them 7 days to resolve payment, failing which they will have to vacate the premises?
 

InSanity

Supre Grnadmastre
Joined
Aug 18, 2008
Messages
17,254
#6
From what i have been told by others that have had this problem is that its a super super sticky situation to get out of, me personally i would turn off all water and electricity to the place as a start(have no idea if thats legal or not) if they refused to leave after i have given notice
 

Honey Badger

Honorary Master
Joined
Apr 30, 2010
Messages
18,404
#7
Sounds like you're not too sure of whether you want them there or whether you just want them to pay on time and in full. Which is it?
 

gregmcc

Honorary Master
Joined
Jun 29, 2006
Messages
21,506
#8
I think you would have to get a lawyer involved as things can get messy with squatters rights etc.

You can't just kick them out.
 

Honey Badger

Honorary Master
Joined
Apr 30, 2010
Messages
18,404
#9
From what i have been told by others that have had this problem is that its a super super sticky situation to get out of, me personally i would turn off all water and electricity to the place as a start(have no idea if thats legal or not) if they refused to leave after i have given notice
Its not legal, and for what its worth then the tenants will actually be able to take the owner to court.

Its very difficult to evict people from your property, guys. Been there, done that. Best is to get an eviction order....and that takes time.
 
Joined
Jan 24, 2007
Messages
70,301
#10
I should have but the landlord "forgot" to let me know. Non-payment is a breach of any agreement, could I send them a notice stating that the agreement is terminated due to non-payment or should I give them 7 days to resolve payment, failing which they will have to vacate the premises?
I'd suggest you have a word with him about your intentions, and if he appears to object, then have your attorneys draw up an eviction notice. Might cost you a grand, but it is far more efficient and water-tight than opening yourself up to potential litigation further down the line.

Don't necessarily be an arse about it at first. Just be frank about your intentions with the property. For such a fundamental asset, it is imperative that you ensure that your actions are all above board here. He does have rights as a tenant or perhaps even squatter rights depending on the circumstances. Cover your own arse here imo...
 

Grant

Honorary Master
Joined
Mar 27, 2007
Messages
45,295
#11
The landlord "forgot" he had a tenant ???

The is no court on the planet that would believe that one !
 
Joined
Jan 24, 2007
Messages
70,301
#12
From what i have been told by others that have had this problem is that its a super super sticky situation to get out of, me personally i would turn off all water and electricity to the place as a start(have no idea if thats legal or not) if they refused to leave after i have given notice
You'll land up in court that way. You cannot cut off access to basic services. New laws are coming in to affect which will make basic services the sole responsibility of the tenant as well, iirc...
 

MandM

Senior Member
Joined
Nov 28, 2006
Messages
796
#13
We have recently been through something similar. Do not bother with any rental tribunal etc. Just go to a lawyer who has experience with this type of thing. The first step is to have an eviction letter from the lawyer delivered to the occupant which will state your intentions. This letter should cost you about R400 and it is **usually** enough to get most people to leave. If not, you will have to get a court order to evict them, which will cost you quite a bit more in lawyers' fees. Whatever you do, do not interfere or contact this person directly (google "mandament van spolie"). Do not switch off the water or electricity.

Good luck!
 

Maverick Jester

The Special One
Joined
Oct 18, 2011
Messages
13,407
#14
How did the landlord have a tenant that had no lease agreement yet was still required to pay rent? Verbal contract?
 
Joined
Jan 24, 2007
Messages
70,301
#15
We have recently been through something similar. Do not bother with any rental tribunal etc. Just go to a lawyer who has experience with this type of thing. The first step is to have an eviction letter from the lawyer delivered to the occupant which will state your intentions. This letter should cost you about R400 and it is **usually** enough to get most people to leave. If not, you will have to get a court order to evict them, which will cost you quite a bit more in lawyers' fees. Whatever you do, do not interfere or contact this person directly (google "mandament van spolie"). Do not switch off the water or electricity.

Good luck!
I don't think that stating your intentions in person will be prejudicial in any way. I suspect attempting to deal with a subsequent dispute in person might be though...
 

Musiclover08

Senior Member
Joined
Aug 8, 2008
Messages
753
#16
Sounds like you're not too sure of whether you want them there or whether you just want them to pay on time and in full. Which is it?
I do not mind if the tenant stays, as long as he PAYS his rent and W+L. Currently he is not doing this and is behind by about a year which is why I want him to vacate the premises.

I think you would have to get a lawyer involved as things can get messy with squatters rights etc.

You can't just kick them out.
Unfortunately that seems to be the case, however I am trying to find out what guidelines there are regarding no lease being in place.

I'd suggest you have a word with him about your intentions, and if he appears to object, then have your attorneys draw up an eviction notice. Might cost you a grand, but it is far more efficient and water-tight than opening yourself up to potential litigation further down the line.

Don't necessarily be an arse about it at first. Just be frank about your intentions with the property. For such a fundamental asset, it is imperative that you ensure that your actions are all above board here. He does have rights as a tenant or perhaps even squatter rights depending on the circumstances. Cover your own arse here imo...
Exactly, which is why I want to know what I can do if there is no lease involved. I have spoken to him, identified myself as the new owner and I have spoken to him about his non-payment.

The landlord "forgot" he had a tenant ???

The is no court on the planet that would believe that one !
Hahaha, no not that way! He forgot to tell me about the fact that the tenant is non-paying. Needless to say he got a mouthful this morning.

I personally do not want to have to go and tell this guy to vacate the property but I have submitted notice to him that he needs to vacate the premises. I believe that the previous owner must have had either a verbal or month to month agreement with the tenant. I could always issue a notice demanding payment and if no payment is received, ask to vacate the premises (putting in a clause to disregard the first letter).
 

Rouxenator

Dank meme lord
Joined
Oct 31, 2007
Messages
34,466
#17
What structure is the tenant occupying and in relation to the land you purchased what percentage of the land value is made up by the structure occupied by the tenant?
 

Musiclover08

Senior Member
Joined
Aug 8, 2008
Messages
753
#18
AFAIK he is a panelbeater and occupies a small building. Probably anout 20% of the property max? Speaking under assumption here though.
 
Top