Messages in this topic - RSS

Home » Discussions » Bad Paying Tenant - How to get them out

Discussions relating to property rental
2012/10/09 04:04:52 PM

Lorina Sherwood
Lorina Sherwood
Posts: 2
I own a unit and have had a tenant in there for over 2 years. The first year she was a good payer and then her fiance moved in. Since January 2012 there have been countless excuses for not paying the rent on time, or late, or at all. The outstanding amount now due is a total of R 20 000.00. They keep on seeming to think that we are the bad landlords and keep on demanding for things to be done in the unit (we have just tiled the entire unit and bathroom) and still they have short paid again this month. My tenant has advised me that I can do what I like as she is the Lessee and she is not employed and therefore she cannot give me my money faster than she does - so almost I feel like holding me to ransom !

We have decided this cannot continue and we would like to get rid of them.

Our lease says if they do not pay by the 7th of the month then they have to vacate the premises by the 14th of the month.

Please can you let me know if I can send her a letter of termination of the contract due to breach of contract due to non payment and ask them to vacate by the 14th ?

Help - I am at my wits end !
permalink
2012/10/11 07:56:33 AM

N HACK
N HACK
Posts: 100
The correct formalities are listed below. I am assuming the lease was renewed post-CPA (Consumer Protection Act), renewed after April 1st 2011:
A letter of demand from TPN should be sent informing the tenant that they have 20 business days to remedy, or they will be default listed and the lease cancelled. 20 business days must then be waited, if there is still a failure to fully remedy the debt (breach), then send the tenant a letter of cancellation and blacklist the tenant. The cancellation will then place the tenant in unlawful occupation and they will have to vacate the premises. Failure to do so on their part will mean you must immediately seek legal counsel for an aviction order through the Court.
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
permalink
2012/10/15 11:41:18 AM

Bratboy
Bratboy
Posts: 122
N Hack is correct; the discipline in the rental market is, for outstanding rent due, you must on the 2nd of the month issue a letter of demand as per the CPA, hand deliver it, send via e-mail, fax it etc etc etc. In addition get into the routine when you issue the 20 day notice, do an inspection at the same time. R20,000 outstanding rent is very irresponsible. Good landlords are heartless.
permalink
2012/10/15 04:34:10 PM

Marc Lunau
Marc Lunau
Posts: 398
Since your lease is already 2 years old I assume CPA is not applicable which is only applicable for leases signed after 01/04/2011. In that case my feeling is you can follow what your lease says and do not have to follow CPA.

--
Global Property Investor and Property Manager with value add solutions

www.houses4rent.co.za
permalink
2012/10/15 09:34:26 PM

Jaykz_23
Jaykz_23
Posts: 2
I'm busy evicting a bad tenant and got told today by my lawyer that the court date was moved by 2 more weeks after someone called and told the clerk they going to oppose the eviction. Now I went through the entire legal process but lodging and giving proof and document yet a phone call from a bad tenant delays he "legal" just like that. I then get told that my application got moved because of ths opposition since it was initially in an unapposed batch of application.. I was angry and disappointed to say the least since who does one trust. Honesty and integrity goes no where.



My story started with a Durban Indian lady, well groomed playing rich who daughter is studying at uct. She sold herself as we'll off, successful purchasing 2.8 million home, starting her own business , daughter owning property in uhlangA. I was humiliated conned as I believe she was genuine. She initially promised 6 month rent yet to pay deposit and 2 months rent took 2 months. I managed to get some money out of her but came June I started warning her I will take legal action,




THAT'S when things got dodgy. I got anonymous emails forwarded email to me that she is a con. I then called all the ppl involved and discovered it is true. She was apparently married to an ex con that she aided in hiding , she had two failed marriages and was in a mental institute and then she claimed hijacking after her ex husband , the
permalink
2012/10/15 09:39:14 PM

Marc Lunau
Marc Lunau
Posts: 398
Yep, forget the justice system. Avoid it if you can. You get burned either way. Even if you win you get burnt financially until you win. Rather make sure you do your homework before you place a tenant and avoid having to go legal in the first place. leave letting to the professionals.

--
Global Property Investor and Property Manager with value add solutions

www.houses4rent.co.za
permalink
2012/10/15 09:53:16 PM

Jaykz_23
Jaykz_23
Posts: 2
I'm busy evicting a bad tenant and got told today by my lawyer that the court date was moved by 2 more weeks after someone called and told the clerk they going to oppose the eviction. Now I went through the entire legal process but lodging and giving proof and document yet a phone call from a bad tenant delays he "legal" just like that which they did without submission legally. I then get told that my application got moved because of itmead going to be opposited since it was initially in an unapposed batch of application.. I was angry and disappointed to say the least since who does one trust. Honesty and integrity goes no where.



My story started with a Durban lady, well groomed playing rich who daughter is studying at uct. She sold herself as well off, successful purchasing 2.8 million home, starting her own business , daughter owning property in umhalanga and driving a 4.8 is X 5 and upgrading to a Porsche. I was humiliated conned as I believe she was genuine since her daughters seemed innocent and well educated and preparing to study law. I saw 4 yrs rent guaranteed so did do a credit check. I messed up yes. She initially promised 6 month rent yet to pay deposit and 2 months rent took 2 months. I managed to get some money out of her but came June I started warning her I will take legal action,




THAT'S when things got dodgy. I got anonymous emails forwarded email to me that she is a con. I then called all the ppl involved and discovered it is true. She was apparently married to a criminal that she aided in hiding , she had two failed marriages and was in a mental institute and then she claimed hijacking after her ex husband , the criminal, took his car away from her so then she was in trauma and had no ID book and her cell and emails were gone. Excuse upon excuse, which I just stopped feeling sorry and approach a lawyer. To top it all off, i cant use any of facts in the legal process since its independent of the case. What's BS,!! It's now been almost 6 months but today's was one hair raising event.




I really can't believe the law and how unjust it is to landlords. I have learnt my lesson but if anyone is out there, pls share your thoughts and how am able to get this bad tenant out faster. I've lost already 5000 in lawyers fees and end of nov it will around 12000 in rent. I'm still gonna pay the lawyer for the processes going forward. That est about another 5 to 7 k.




I'd greatly appreciate advise. Even though i didn't check her out, the law should be able to recognize that act in progression is a risk for the victim ie landlord. i tried heaven and earth to get her out 3 months into the agreement when i was breaking even that the Rental Tribunal but that was a disaster on its own. They contacted me two months after they said they received my application and asked me how things are. What a damb joke! I put the call down on them since I'd already started legal proceedings.




How can I protect other landlords from this lady. Is there a name and shame website where ppl like this are listed so that no one goes through the pain I'm experiencing.. Hope for some feedback




Thank you,

Jay
permalink
2012/10/15 09:55:14 PM

Marc Lunau
Marc Lunau
Posts: 398
I suggest youlist her on TPN to start with.

--
Global Property Investor and Property Manager with value add solutions

www.houses4rent.co.za
permalink
2017/09/12 11:38:50 AM

Seamountain
Seamountain
Posts: 2
Hi TPN Legal, I have a tenant who only paid in full for 2 months rental out of the 9 months that he stays in our flat. he didnt pay any water and electricity for 8 months. After a long battle with him, he didn't pay any rent for July and August at all, plus the unpaid 8 months' water and electricity, he now owes us R16k. We have been using an eviction company recommended by the complex property management company and the recommended eviction company didn't take a proper legal way, so far they didn't manage to evict the tenant. There is also no fomal legal process followed so far as far as we know. We are considering taking a proper legal approach with a new eviction law firm. My question is if I use the TPN service to send the Letter of demand, what will happeb within the 20 days notice when he pays, and what will happen after the 20 days if he does not pay? Will the letter of demand from TPN be valid for sending a cancellation of the contract which later on enables our new eviction law firm to start the eviction process after the 20 days notice? TPN wrote:
The correct formalities are listed below. I am assuming the lease was renewed post-CPA (Consumer Protection Act), renewed after April 1st 2011:
A letter of demand from TPN should be sent informing the tenant that they have 20 business days to remedy, or they will be default listed and the lease cancelled. 20 business days must then be waited, if there is still a failure to fully remedy the debt (breach), then send the tenant a letter of cancellation and blacklist the tenant. The cancellation will then place the tenant in unlawful occupation and they will have to vacate the premises. Failure to do so on their part will mean you must immediately seek legal counsel for an aviction order through the Court.
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
permalink
2017/09/13 12:23:50 PM

TPNLegal
TPNLegal
Administrator
Posts: 28
[If you have followed correct procedure previously to cancel the lease then you do not have to restart again by sending a letter of demand and notice to cancel, you will have to get an eviction attorney to proceed with a PIE application - eviction application. ]Hi TPN Legal, I have a tenant who only paid in full for 2 months rental out of the 9 months that he stays in our flat. he didnt pay any water and electricity for 8 months. After a long battle with him, he didn't pay any rent for July and August at all, plus the unpaid 8 months' water and electricity, he now owes us R16k. We have been using an eviction company recommended by the complex property management company and the recommended eviction company didn't take a proper legal way, so far they didn't manage to evict the tenant. There is also no fomal legal process followed so far as far as we know. We are considering taking a proper legal approach with a new eviction law firm. My question is if I use the TPN service to send the Letter of demand, what will happeb within the 20 days notice when he pays, and what will happen after the 20 days if he does not pay? Will the letter of demand from TPN be valid for sending a cancellation of the contract which later on enables our new eviction law firm to start the eviction process after the 20 days notice? TPN wrote:
The correct formalities are listed below. I am assuming the lease was renewed post-CPA (Consumer Protection Act), renewed after April 1st 2011:
A letter of demand from TPN should be sent informing the tenant that they have 20 business days to remedy, or they will be default listed and the lease cancelled. 20 business days must then be waited, if there is still a failure to fully remedy the debt (breach), then send the tenant a letter of cancellation and blacklist the tenant. The cancellation will then place the tenant in unlawful occupation and they will have to vacate the premises. Failure to do so on their part will mean you must immediately seek legal counsel for an aviction order through the Court.
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
edited by TPN on 2012/10/11
permalink

Home » Discussions » Bad Paying Tenant - How to get them out


General Disclaimer
The information contained on the web pages of the TPN Credit Bureau (“TPN”) website is provided for general information purposes only and does not constitute legal advice. The opinions expressed on the TPN forum is the view of the subscriber and does not necessarily reflect the views and opinions of TPN nor is TPN’s failure to remove any particular view of such subscriber to be construed in any shape or format to be an endorsement or acceptance of such posting. Accordingly TPN, its web administrators and its employees do not accept or take any responsibility whatsoever for any loss, whether direct, indirect or consequential, which may arise from reliance on information contained on the TPN website or forum and actions or transactions resulting therefrom.