Common Tenant Scams every Landlord needs to watch out for
Common tenant scams that some tenants use to trick landlords. In this article we recommend steps to reduce your risk of falling victim.
Can the Rental Housing Tribunal grant me an eviction?
We are often asked whether or not a property owner can get an eviction order from the Rental Housing Tribunal, and quite a few seem to be under the impression that the Rental Housing Tribunal can grant an eviction order;…
Why is it so important that the right to occupy be terminated?
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…
Can I make the non-paying tenant liable for the legal costs of the eviction?
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…
My tenant claims he is unemployed and cannot pay rent. What do I do?
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…
What are the signs that a potential tenant might become a non-paying tenant?
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…
Why should I evict a non-paying tenant as soon as possible?
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…
Who are the only people allowed to evict someone from property?
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?
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?
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?
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…
How do I know if I am dealing with an attorney?
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?
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?
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?
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?
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…
What is a rent interdict summons?
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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