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TENANTS NOT MOVING OUT AFTER EXPIRY DATE

JaacoVR
JaacoVR
Posts: 2


2019/01/10
JaacoVR
JaacoVR
Posts: 2
Hi. I would like to know what other Agencies do regarding Tenants not moving out upon expiry of Lease Agreements? Every year we struggle with a lot of Tenants who are given notice in terms of the Lease that their agreements will not be renewed after the expiry of the Lease. The issue is, we deal mostly with Student property rentals and the starting date on 90 % of our Leases are 1 January. Is there any legal backing for penalizing Tenants for late key returns? In most instances they seem quite unfazed and will agree to pay the days they over stayed calculated pro rata. However we have to bear the brunt from new Tenants not being able to occupy.
TPNLegal
TPNLegal
Administrator
Posts: 76


2019/02/13
TPNLegal
TPNLegal
Administrator
Posts: 76
Hi JaacoVR

Unfortunately you will not be able to charge a penalty fee.

You can only charge holding over charges which are equivalent to the amount of Pro-rata rental. Alternatively you can threaten eviction proceedings.
JaacoVR
JaacoVR
Posts: 2


2019/02/13
JaacoVR
JaacoVR
Posts: 2
Hi

Thanks for clarification.


So if a Lease Agreement expires and the new Tenant cannot take occupation on at the start of his/her lease term can the Tenant who failed to move out be held liable for e.g storage cost of the new tenant? If the ingoing tenant places us on terms as we cannot give occupation of the premises and then proceeds to cancel the Lease can the old tenant be held liable for that cancellation?
TPNLegal
TPNLegal
Administrator
Posts: 76


2019/02/13
TPNLegal
TPNLegal
Administrator
Posts: 76
You will potentially have a damages claim against that tenant, but you will need to secure it through a judgement.