When to expect tenants to pay rent again.

[Corelli]

Evict if they cant pay rent, no matter how tough. Many moved back to their parents.

Sounds like he is trying to take advantage of you.

 

[rvZA]

I've been through this before many years ago, it was advice received by the counsel that I paid to evict my tenant at the time.

I have no problem with counsel giving shady advise. It happens. Many will try this first. The question is, did you do this, and did your tenant go to court and get a spoilation order against you? If so, what did you use as a defense? If not, you may just be lucky that the advise worked for you. This is a 50/50 gamble and could cost you dearly if you have a wise tenant in your property. Defending a spoilation order could cost you a lot of time in court and hundreds of thousands of Rands in legal costs.

 

[R13...]

I filed a motion to evict in SA from the US. The high court in SA set it down for March 5th, subject to the tenant appearing in court and that I have arranged alternative digs ............

Cost to me in legal fees - ZAR32 000 so far.

So, evictions are allowed, but difficult.

What?! You, the landlord, are expected to arrange accommodation for the evictee scum? Or do they mean you just point them to a newspaper advert and it is to them to arrange and pay? Or do they expect you to pay?

 

[maumau]

I filed a motion to evict in SA from the US. The high court in SA set it down for March 5th, subject to the tenant appearing in court and that I have arranged alternative digs ............

Cost to me in legal fees - ZAR32 000 so far.

So, evictions are allowed, but difficult.

You had to arrange alternative accommodation for the swine?

R13... beat me to it.

 

[saturnz]

I have no problem with counsel giving shady advise. It happens. Many will try this first. The question is, did you do this, and did your tenant go to court and get a spoilation order against you? If so, what did you use as a defense?

lol@ shady advice, try again

Whatever issues there are between agents and tenants, only the council may disconnect utilities and even then, water supply may only be reduced to a trickle, legal adviser at the Estate Agency Affairs Board (EEAB), Deli Nkambule, told me.

 

[zerocool2009]

I have no problem with counsel giving shady advise. It happens. Many will try this first. The question is, did you do this, and did your tenant go to court and get a spoilation order against you? If so, what did you use as a defense? If not, you may just be lucky that the advise worked for you. This is a 50/50 gamble and could cost you dearly if you have a wise tenant in your property. Defending a spoilation order could cost you a lot of time in court and hundreds of thousands of Rands in legal costs.

Put his geyser on 2 degrees. Nothing in the law saying that your geyser cant supply cold water! “Winter is coming”!

 

[rvZA]

lol@ shady advice, try again

Look, I am not going to go into a legal argument with you about this. If you want to follow shady advise from half-witted attorneys, that is your prerogative.

All I can say, in Joseph v City of Johannesburg, the courts held “the provision of basic municipal services is a cardinal function, if not the most important function, of every municipal government,” by virtue of the fact that “electricity is one of the most common and important basic municipal services and has become virtually indispensable, particularly in urban society.”

The courts held, that even if a tenent is in breach, it remains the owners' responsibility to pay the municipal account. Where a tenant is in arrears, the owner should immediately start the legal eviction process.

The Rental Housing Act of 1999 also guarantees uninterrupted enjoyment of the premises and everything associated with it.

You may want to read up on this - https://legaleviction.co.za/can-i-cut-off-the-supply-of-municipal-services-to-a-non-paying-tenant/

 

[saturnz]

Look, I am not going to go into a legal argument with you about this. If you want to follow shady advise from half-witted attorneys, that is your prerogative.

I quote an opinion by the EAAB and you describe that as shady?

 

[rvZA]

I quote an opinion by the EAAB and you describe that as shady?

Yes

 

[TEXTILE GUY]

So, today we try to bring the eviction as urgent.

I have a new law firm working on it in the high court.

Their argument is that the tenants knew the lease was for 12 months.
They were informed that they had defaulted by me, by an estate agent, by SAPS and by the sheriff of the court.
When I arrive back in SA, I will essentially be destitute, and will have to incur extra cost, to live, while the non payer enjoys the benefit of my house.

Some how, SA courts either dont understand relief or are just plain dumb ........... the urgent matter was heard and a motion to evict granted, and instead of arguing the case on the 5th of March, 11 days AFTER I arrive, its been made urgent and will be heard on the 1st of March, 6 days AFTER I arrive.
The tenants may be given up to 24 days to vacate after the motion is heard and hopefully the eviction is given.
SAPS may not intervene till then apparently.

I swear, after this, I will sell my house and "rent" ......... its cheaper and the law is on my side.

I intend to get that garnishee order so that SOB can pay back every last cent

 

[saturnz]

I intend to get that garnishee order so that SOB can pay back every last cent

did you give these instructions to the lawyers? eviction and recovering the amounts owing are two separate issues

 

[blunt]

yea i had a tenant not pay for 11 months a year before the covid drama, ignored court proceedings and all that, eventually after around 6 months the sheriff came to evict and she had only just left the day before.

sold the flat and the transfer went through a month before the first lockdown started. won't be getting more rental properties thanks.

 

[TEXTILE GUY]

did you give these instructions to the lawyers? eviction and recovering the amounts owing are two separate issues

Indeed they are two separate issues ......
We are first fighting to get the eviction ........... then the issue of recovery.
Of course, its a question of how much the lawyer wants to make

 

[heartbroken]

Dealing with a similar matter now. Tenant asked for "relief" during Covid, which I granted with a down payment agreement on arrears, which they signed. They've not paid a cent towards this agreement. Paid rent for about 3 months and then stopped againg claiming they've been retrenched. Started legal proceedings on Monday, lawyer claims I'll be lucky to get rid of them inside of 8 months. Looking at about a 100k loss from this at least. Once this is done, I am selling, my other properties to follow suit, just not worth the hassle in this country where a non-paying tenant/squatter has more rights than the property owner.

 

[TEXTILE GUY]

Dealing with a similar matter now. Tenant asked for "relief" during Covid, which I granted with a down payment agreement on arrears, which they signed. They've not paid a cent towards this agreement. Paid rent for about 3 months and then stopped againg claiming they've been retrenched. Started legal proceedings on Monday, lawyer claims I'll be lucky to get rid of them inside of 8 months. Looking at about a 100k loss from this at least. Once this is done, I am selling, my other properties to follow suit, just not worth the hassle in this country where a non-paying tenant/squatter has more rights than the property owner.

Wishing you all the luck buddy

 

[TEXTILE GUY]

So, I changed it up a bit.
Got some SAPS folks to pop round and remind these rats that I will be back next week.
Changed law firms.
My story is as follows - I am arriving in SA as my B visa has expired.
I am unemployed in SA.
The POS in the house is employed and subletting my asset.
I want eviction urgently as I am now destitute despite owning the house

Advocate mentioned this to the rats in the house that are either to respond or appear in the high courts

Looks like they are packing up I am told.

Now, to get back the rental they owe .....................

 

[TEXTILE GUY]

Landed back in SA yesterday
Headed straight to my house
Tenants misus is outside
She walks up to me and casually asks, "may we have a week?"

My reply, .... I explain I have lost on the rental, have spent around R30 000 just coming over to sort out this cluster fluck, and now, they expect me to pay for a hotel for a week ...... while they live and earn in my casa.

Explain that the case is in the high court and the costs are piling up pretty quickly, all for their account......

She tells me they will be out by Saturday evening.

Now to the claim phase .....

 

[ProfA]

Landed back in SA yesterday
Headed straight to my house
Tenants misus is outside
She walks up to me and casually asks, "may we have a week?"

My reply, .... I explain I have lost on the rental, have spent around R30 000 just coming over to sort out this cluster fluck, and now, they expect me to pay for a hotel for a week ...... while they live and earn in my casa.

Explain that the case is in the high court and the costs are piling up pretty quickly, all for their account......

She tells me they will be out by Saturday evening.

Now to the claim phase .....

Will be very surprised if they are out this evening.

 

[Kodi]

Landed back in SA yesterday
Headed straight to my house
Tenants misus is outside
She walks up to me and casually asks, "may we have a week?"

My reply, .... I explain I have lost on the rental, have spent around R30 000 just coming over to sort out this cluster fluck, and now, they expect me to pay for a hotel for a week ...... while they live and earn in my casa.

Explain that the case is in the high court and the costs are piling up pretty quickly, all for their account......

She tells me they will be out by Saturday evening.

Now to the claim phase .....

Your advocate never mentioned a tacit hypothec over their movable property as a remedy for rent arrears?

 

[TEXTILE GUY]

Your advocate never mentioned a tacit hypothec over their movable property as a remedy for rent arrears?

He did indeed, but suggested we work on the eviction first.