Commercial property eviction law

Commerical tenant

What you need to know if you own or rent commercial property If you’re a business owner, it’s very likely you either own or rent a commercial property. Whether you are landlord or tenant, you need a solid understanding of commercial eviction laws to protect your rights and interests. Commercial property is not governed by the […]

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The role of mediation in resolving eviction disputes

Eviciton Mediation

How mediation can resolve disputes and keep the case out of court Rental housing is a minefield. Tenants and landlords alike renege on the commitments they make in the lease agreement. Tenants stop paying rent, landlords refuse to return deposits. Tenants damage property, landlords unlawfully change locks. Tenants sublet without the landlord’s consent, landlords fail […]

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Airbnb and the Consumer Protection Act

Airbnb cancellation policy

Are Airbnb’s cancellation policies in conflict with the CPA? A client recently asked us if her Airbnb host was within his rights to offer no refund if a reservation was cancelled more than 48 hours after booking (the booking was made a month in advance and was for 30 days). While Airbnb allows its hosts […]

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Can a tenant win an eviction?

Can a tenant win an eviction? It depends. Usually no, but sometimes they can. When can they? When the landlord has not followed the legal eviction procedure. Can you give examples of this? When the landlord does not properly deliver written notices, otherwise known as eviction letters, to the tenant, before going to court. When the […]

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Housing giant denies illegally evicting Rondebosch tenant

Cape Town – Social housing giant Communicare has dismissed claims that a Rondebosch tenant was unlawfully evicted. Karabo Makgoane, who lived at the Welverdiend complex, claimed that she was unlawfully evicted by Communicare because the organisation was supposed to give her alternative accommodation. “I have been living in the Welverdiend flat since 2017. I was […]

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Eviction – when can you evict a tenant?

The eviction process protects tenants, but landlords still have rights, even during the festive season Ah…the festive season. Time for beach holidays, road trips, and long, lazy lunches. But it’s also a time of overspending and overconsumption. When the finances don’t quite stretch to the seasonal indulgences, tenants may renege on their obligation to pay […]

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Commercial evictions: how a landlord can evict a tenant

PIE does not apply to commercial evictions, but CPA might Legislation introduced in the last few years gives residential tenants a host of rights, and landowners or landlords must follow very strict procedures to evict tenants. However, the same is not true of commercial tenants. In some case the Consumer Protection Act (CPA) may apply, […]

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Eviction – when your tenant is also your employee

In South Africa it is not uncommon for employees to be tenants. This is most often the case when a domestic worker or gardener occupies a cottage on the property of their employer. Usually the accommodation is part of the remuneration package, and often the employer pays the utilities and sometimes even provides food. The […]

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