Tenant in arrears

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TrevorPtrs

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Hi all,

My tenant of two years is 3 months in arrears with her rent. I'm thinking of how to recover the money, and the value of her household goods won't do it. Is it possible to attach her car? Does a rent interdict extend to a vehicle? The vehicle is parked in the complex in a dedicated parking bay. Surely it can be considered "household goods"? Surely....

If not, is there any other process I can follow to attach the car?

Thanks in advance.
 
If you are going to be seizing anything I'd best consult a lawyer before you try anything. She could end of opening a case of theft against you if you just take her car.
 
Good luck.

As much as people are renting out properties in a "Get rich" scheme, the average South African is very dodge and the law is on their side.

Get professionals involved to assist, you don't want to give her more ammo than she already has.
 
Yeah I wouldn't turn into Mr I'm selling YOUR belongings. That's not your job to do. It's up to her to sort out her finances to repay you.
 
The law is surely on their side. I remember in the past how we use the cut the tenants lights and water in order for them to pay.

Do you issue some kind of a receipt everytime they pay you the rent?
It always good to do this because the tenant can always lie and say they paid you.

But seriously residential is a headache.
 
Been there got the whole suit.

Really ..... forget the law and common decency/

Get their stuff out of the unit and make it the tenants problem ..... get the tenant out and write the debt off.

I have had this happen to me twice and have used the strong arm tactic. They will NEVER catch up the rent.

The law wont help you
 
gregmcc said:
If you are going to be seizing anything I'd best consult a lawyer before you try anything. She could end of opening a case of theft against you if you just take her car.
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I wasn't thinking of personally taking her car, but wondering if an automatic rent interdict, which authorizes the sheriff to seize household goods on the rented property to the value of the rent owing, extends to the vehicle, since it is parked in a dedicated bay in the complex? Can a vehicle be considered "household goods" in this regard? And is a dedicated parking bay considered to be "on the premises"?
 
Inzaghi007 said:
Do you issue some kind of a receipt everytime they pay you the rent?
It always good to do this because the tenant can always lie and say they paid you.
Click to expand...

I don't, but the rent is deposited, and the bank statement would serve that purpose. (I should think....)
 
No, generally not. You'd have to first find out if the vehicle is financed, or you might find yourself wrongfully attaching the bank's property, or an asset already burdened with a bond to which someone else has prior title.
 
Arthur said:
No, generally not. You'd have to first find out if the vehicle is financed, or you might find yourself wrongfully attaching the bank's property, or an asset already burdened with a bond to which someone else has prior title.
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Thanks, I was just wondering. Things seemed to be skewed in favor of the deadbeats....
 
The only way Is to go to court. See a good lawyer. It will cost you 30k Alli ncluded And take about 3 months ( assuming she doesn't cave and pay earlier ).

Next time get rental income insurance or a bigger deposit.... And try screening a tenant - not always effective but helps
 
Bad tenants are stress. One of the better way to at least ensure you get paid is have the tenant set up a debit order on the day they are paid. Not fool proof but that way they hopefully pay you first. You'd think people would begin the month by ensuring that the place where they live is paid for.
 
Just get her out and get new tenant in, I'd say. Attach her goods for what its worth, but the point is to get her out and a paying tenant in.
 
R13... said:
Bad tenants are stress. One of the better way to at least ensure you get paid is have the tenant set up a debit order on the day they are paid. Not fool proof but that way they hopefully pay you first. You'd think people would begin the month by ensuring that the place where they live is paid for.
Click to expand...

supersunbird said:
Just get her out and get new tenant in, I'd say. Attach her goods for what its worth, but the point is to get her out and a paying tenant in.
Click to expand...

This ^^

Sage advice
 
TrevorPtrs said:
Thanks, I was just wondering. Things seemed to be skewed in favor of the deadbeats....
Click to expand...
Yup. We have our quasi-socialist overlords to thank for that.

I haven't had a tenant in years and have no direct experience of the new regime, but have read some real real hair-raising stories, including on this forum.

This is not a problem I would like to have.

Good luck!
 
Sub-let the place to another tenant.

You can normally find someone at the local Nigerian hang out spot who will move in with your tenant for a 10% fee of whatever the current tenant owe you. They will ensure the other person leaves within a day or two.
 
Handle this african style. Change all the locks and the code for the gate, etc...

You will be amazed how quickly she comes up with the rent once she cant get in the flat. Some people will tell you to "do it the right way and contact a lawyer" , but by then you would have spent 30-50k.

Another option is to write off the debt and ask her to leave immediatley.
 
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