Why is it so important that the right to occupy be terminated?

Why is it so important that the right to occupy be terminated?

Bruce BarkhuizenOct 1, 20251 min read

All tenants derive their ability to occupy the property from some form of consent that was given by the landlord or a person with authority to give the consent (such as an estate agent). Once this consent is given, the…

legal costs

Can I make the non-paying tenant liable for the legal costs of the eviction?

Bruce BarkhuizenSep 24, 20252 min read

In almost all legal proceedings, the Courts will usually decide who must pay for the legal costs associated with the underlying legal proceedings and will make a “cost order” to this effect. The normal rule is that “costs follow the…

lawsuit

My tenant claims he is unemployed and cannot pay rent. What do I do?

Bruce BarkhuizenSep 17, 20252 min read

The very basis of a lease agreement is that the tenant will pay the landlord for the use of the property. If the tenant cannot afford the rent, whether due to unemployment or other factors, the tenant should rather find…

no money

What are the signs that a potential tenant might become a non-paying tenant?

Bruce BarkhuizenSep 10, 20254 min read

While there aren’t any definitive signs, there are some signs that a potential tenant may become a non-paying tenant. Accordingly, we recommend proper vetting and diligence. Some signs that a prospective tenant may become a non-paying tenant include the below…

time

Why should I evict a non-paying tenant as soon as possible?

Bruce BarkhuizenSep 3, 20253 min read

We are often asked why a landlord should move quickly to evict a non-paying tenant and the answer is actually multifaceted. Loss of Rental Income The most obvious answer to the question is that you are losing money every day…

lawsuit

Who are the only people allowed to evict someone from property?

Bruce BarkhuizenAug 27, 20252 min read

Speaking in terms of residential evictions, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act specifically provides that: (1) Notwithstanding anything to the contrary contained in any law or the common law, the provisions of this section…

Can I lock out non-paying tenants?

Can I lock out non-paying tenants?

Bruce BarkhuizenAug 20, 20251 min read

A lot of clients have asked if they can lock out non-paying tenants, and the answer is a straightforward no. The reason why you should not lock out non-paying tenants is that section 16(hA) of the Rental Housing Act specially…

Can I disconnect the water and lights of a tenant when they are behind with rent?

Can I disconnect the water and lights of a tenant when they are behind with rent?

Bruce BarkhuizenAug 13, 20251 min read

The short answer is that you cannot disconnect the water and lights of a tenant without a court order. Also, there are consequences for disconnecting the water and lights of a tenant without following the correct procedure. In terms of…

Must I provide tenant I want to evict with alternative accommodation?

Must I provide tenant I want to evict with alternative accommodation?

Bruce BarkhuizenAug 6, 20251 min read

In the context of evictions in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the “PIE Act”), a private property owner is under no obligation to provide a tenant with alternative accommodation in order…

lawyer

How do I know if I am dealing with an attorney?

Bruce BarkhuizenAug 4, 20251 min read

Fortunately, this is a simple matter of contacting the Legal Practice Council and verifying if the person you are dealing with is an attorney. Also, you can search for the attorney on the website of the Legal Practice Council by…

Can I evict someone without a court order?

Can I evict someone without a court order?

Bruce BarkhuizenJul 30, 20251 min read

Section 8(1) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act specifically makes it a criminal offence to evict someone without a court order granted by a competent court. In fact section 8(1) of the PIE…

How do I get an eviction letter?

How do I get an eviction letter?

Bruce BarkhuizenJul 28, 20252 min read

In our law, a person cannot be evicted without an eviction court order. Sadly, a simple ‘eviction letter’ does not have the same effect as an eviction court order. In order to get an eviction court order in terms of…

When is the right time to evict a tenant?

When is the right time to evict a tenant?

Bruce BarkhuizenJul 23, 20252 min read

Most landlords ask us the above question, and it can be difficult to decide when is the right time to evict a tenant. Most often, this can be answered with reference to the rental arrears or the difficulty that the…

How much notice must I give to terminate a lease agreement?

How much notice must I give to terminate a lease agreement?

Bruce BarkhuizenJul 17, 20252 min read

This depends on whether the lease is a fixed-term lease or a periodic lease. In brief, a fixed-term lease agreement is a lease agreement in which the term of the lease is fixed (Eg: June to December) and a periodic…

lawsuit

What is a rent interdict summons?

Bruce BarkhuizenJul 16, 20251 min read

In short, a Rent Interdict Summons is a special type of Summons used in the Magistrates Court to sue for arrear rent, utilities and other damages associated with a tenant living on the property. The benefits of a Rent Interdict…

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