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Tag Archive: eviction lawyer cape town

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 retrenched and told the landlord, but he said that under no circumstances would they help me. I was then paying half of my rent until October 2018. I got served a court letter, and my first court appearance was in 2019. I did not have a legal representative.

“On May 2, I was evicted by a magistrate, who said I could leave on November 30 because of my circumstances. I was expecting Communicare to get back to me regarding alternative accommodation, as was requested by the magistrate.

“On November 30 nobody had said anything to me. I stayed because I was expecting Communicare to tell me about alternative accommodation arrangements,” said Makgoane.

Communicare spokesperson Michelle Matthee said the company had tried to accommodate her when she fell into arrears.

“The tenant has considerable arrears, well over R100 000, arising from non-payment of rental. The tenant also did not uphold previous payment agreements. After the court heard the matter, the eviction order was issued on May 21. As is reflected in the court order, Communicare was not instructed to find alternative accommodation for Ms Makgoane.

“The issue with Ms Makgoane began 18 months ago. We eventually had no other option but to hand the issue over to the courts. After a lengthy court process, on February 18, the sheriff of the court carried out an eviction of Ms Makgoane, as ordered by the court,” said Matthee.

Reprinted from the Cape Times – 2020-02-21. Emphasis/links by SD Law.

If you are not sure if your eviction is fair, we can help

We are eviction lawyers in Cape Town and Johannesburg, and we believe the landlord-tenant relationship should be built on trust. We act for both landlords and tenants and uphold the rights of each to a fair and satisfactory tenancy. If you are facing an eviction and you are not sure of your rights, contact Simon at Cape Town Eviction Attorneys on 086 099 5146 or email simon@sdlaw.co.za.

Further reading:

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When and how to sue a tenant

Is it worth your while to sue your tenant for rent arrears or other costs?

sue tenant eviction lawyers

There are many ways in which a tenant can breach the terms of the lease, triggering the eviction process, but by far the most common is non-payment of rent. While you may succeed in evicting the non-paying tenant, eviction itself may not result in settlement of the outstanding debt. To recover your rental arrears, you may have to take to the courts and sue your tenant.

Why you might sue your tenant

Unpaid rent is the most obvious and the most common cause for litigation, but there are several other reasons why you might need to bring court action against your tenant or former tenant. Here is a fairly comprehensive list of grounds for a lawsuit, but there could be others.

  1. Unpaid rent: By law, if your tenant fails to pay the rent on time, you must notify them of your intention to cancel the lease and give them 20 working days to rectify the breach. If they fail to do so, then you can apply to the court for an eviction notice. Remember only the Sheriff can evict a tenant. However, you can sue them for the unpaid rent.
  2. Unpaid utility billsIf the tenant vacates the property, either via eviction or lease cancellation, any outstanding utility bills in the tenant’s name can be recovered. The first option is the security deposit. However, this may be inadequate to cover the amount owing.
  3. Damage to the property: Inspection of the property at the beginning and end of the lease is a vital step you must not overlook. You will only be able to claim that a tenant has caused damage to your property if you have conducted a thorough inspection and compared the moving-out state with the condition of the unit on entry. If the tenant has indeed caused damage, you can deduct the cost from the security deposit. If this is insufficient (and it will be if there is also unpaid rent), you can take your tenant to court.
  4. Unapproved alterations: The scope your tenant has for making alterations to the property will be dictated by the lease. However, any building alterations must be approved by you as the landlord. If the tenant has carried out work without your approval, you can sue the tenant for the cost of restoration.
  5. Tenant owes more than security deposit amount: If, for any of the reasons above, the security deposit has been exhausted and you are still owed money, you can take to litigation to recover the rest.
  6. Recovery of lost rent if your tenant does a flit: If your tenant moves out before expiry of the lease, you are entitled to any rent they failed to pay as well as the remaining rent due on the lease. This is effectively lost income to you and they have a legal obligation to honour the lease if they did not terminate it through the proper channels.
  7. Cost of finding a new tenant: If your tenant moves out early without your agreement, you may need to find a new tenant urgently, if you rely on the income from the property. You may be able to claim compensation for the cost of advertising and credit checking new tenants.
  8. Expenses incurred in storing or disposing of abandoned property: As discussed in Abandoned Personal Property: What Should a Landlord Do?, you cannot dispose of a tenant’s property immediately. Therefore, if you incur storage costs and/or ultimately have to pay for disposal, you can sue the tenant for this cost.
  9. Tenant used the property for illegal activity: If you discover that your tenant used your property for an illegal activity, you can sue them to recover damages. However, unless the police have been involved, your suspicions may be difficult to prove.
  10. Keeping a pet against the terms of the lease: If your lease stipulates “no pets”, but the tenant has kept an animal on the property, you can sue for damages (this is a breach of the lease agreement) as well as for any damage actually caused by the pet (dirty walls, stained carpets, etc.). As above, the security deposit may cover the damage; then again it may not. But you will need proof, e.g. photographs of the pet. It may be difficult to claim that a dog caused a stain if you do not have evidence of a pet on the premises.
  11. Any other breaches of the lease: If the tenant has broken any other clause of the lease, resulting in financial loss or emotional or physical harm to you, you may need to claim compensation through the courts.

Possible benefits

Lawsuits are expensive, time-consuming, and stressful. If there is any other option for recovering money you are owed, a good eviction lawyer will usually advise you not to sue. However, there are potential positive outcomes from litigation that are worth bearing in mind.

  • Firstly, it is sometimes sufficient to threaten to sue. Often, on receipt of a court summons, the respondent will suddenly become very willing to negotiate and you will wind up settling out of court. They may know they will lose, or they may just want to keep their name off the court records. Their negotiation may seek a compromise and you may not succeed in recovering all your costs, but this may be a price worth paying to bring the matter to a close and avoid the hassle of a court case.
  • On the other hand, sometimes taking a tenant to court is the only way to recover your money, particularly where there is a dispute over damages. Without the force of the law, it may be difficult ever to see the money owed to you. In the case of damages, the entry and exit inspection reports, with photos, are essential to your case.
  • You may also wish to claim for additional damages. For example, in the case of #6 above, where a tenant vacates the property before the expiry of the lease, you can sue them for the rent remaining on the lease and possibly the cost of finding a new tenant.
  • If there is a risk that your tenant may malign your reputation as a landlord, even if you have acted entirely within the law, suing your tenant and winning is legal proof of your upstanding position.
  • Finally, your case against a trouble-making tenant will be on the record, should they ever try to sue you in future. A successful lawsuit is evidence that you have followed proper procedures and upheld all the laws regarding rental housing.

Risks

Of course, no action is without risk. We’ve outlined the benefits of litigation, but you should be aware of the risks as well.

  • Obviously, you might not win! Even if you feel you are in the right, there is no guarantee that you will win. Of course, a good eviction attorney will make sure you are fully prepared and have all your evidence in order, thus improving your odds. But it’s all down to the judge on the day.
  • Winning doesn’t automatically mean you will be paid. The tenant will have a court judgment against them, but collecting the money is another matter!
  • Litigation is costly, whether you win or lose. There is the court fee to pay, and the cost of an eviction attorney. You could represent yourself, but your chance of success is much greater with expert legal representation.
  • This is less likely, but you might provoke your tenant into a countersuit. If you lose, you might wind up having to pay out money to your tenant in court costs and legal fees. Again, if you engage the services of an experienced eviction lawyer, this is unlikely, but you should be aware of the risk.

Let Cape Town eviction lawyers help

If your tenants have left you high and dry and you need to recover money owed to you, either through the courts or out of court, contact Eviction Lawyer Cape Town, now also in Johannesburg and Durban. We are experts in eviction law and will ensure that you follow the proper procedures. We have an excellent track record in helping landlords and, with us on your side, the probability of getting your money back is excellent. Call Simon on 086 099 5146 or email simon@sdlaw.co.za for a confidential discussion today.

Source: Eviction Lawyers South Africa

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Relief for destitute people evicted from Klein Akker farm

Humanitarian organisation Gift of the Givers and Rural Development and Land Reform Deputy Minister Mcebisi Skwatsha brought some relief to nearly 100 destitute people after they were evicted from the farm Klein Akker near Wallacedene in Kraaifontein.

They have been living in a temporary place for more than two months, with no food or water because the pumps on the land had been stolen.

Some of them lived in tents which were affected by the recent heavy rains. The families of Klein Akker farm resided on the farm for two decades. They are now housed at the state-owned Mesco farm.

Resident Max Geza said: “I am very happy now because I will at least have water to drink and food to eat. We had to go and fetch water very far from here, and some of the residents are old and ill.”

Skwatsha said: “I am here today because I have to provide basic needs to these destitute people who do not have houses. They were moved to this place after they were evicted from their original place. Working with Gift of the Givers, we provided them with basic needs such as blankets, food and sanitation. I would not be able to provide the time frame to provide them with housing, but I would love to get them decent houses, but for now they are safer than before and we will slowly improve their lives.”

Gift of the Givers director Badr Kazi said: “We provided them with food, blankets and hygienic stuff, and if these people are going to be here for a little longer, then we will continue to support them for a while, and we hope the government fast tracks the housing issue for these people.”

Originally featured on iol.co.za

*Simon Dippenaar & Associates, Inc. is a law firm in Cape Town, now operating in Gauteng and Durban, of specialised eviction attorneys, helping both landlords and tenants with the eviction process. Contact one of our eviction lawyers on +27 (0) 86 099 5146 or info@sdlaw.co.za if you have been evicted unlawfully.

Further reading:

Klein Akker Evictions

Just and Equitable Evictions in South Africa?

Farm Dweller Evictions – a Fair Process

Evicted Families Stuck in Paarl Caravan Park for a Year

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