All too often tenants fall far short of their Landlord’s expectations.
The biggest problem a landlord faces is a non-paying tenant, and taking away a large chunk of monthly income can certainly bring out the psychopath in a Landlord – certainly in thought if not in deed!!!
To recover arrear rental you would need to issue summons and follow the legal debt collecting procedure. But what happens when that takes too long? You want to evict your tenant and get a paying tenant in to your property before you turn to less savoury acts and give in to those violent thoughts you’ve been having.
The most important thing for a landlord to understand is:
FOLLOW THE LAW; FOLLOW THE LAW TO THE PROVERBIAL “T”! If you can’t do this, prepare yourself for a long and expensive legal battle.
Although the illegal ways of getting a tenant “out” may work, and granted sometimes they do work faster than the legal route, they remain illegal. Don’t let yourself get caught up in these shadowy schemes – you know the old saying: “two wrongs don’t make a right”! One day a tenant will come along and you will regret these actions… moreover so will your wallet.
If your tenant has stopped paying rent, the first step is to send a letter to your tenant placing him in breach of the lease agreement. The letter must contain a demand that the breach be rectified within a certain number of days (usually 7 or 14 days, depending on what your lease agreement provides). If the breach has not been rectified within the time provided ie. payment has not been received, you may then cancel the lease agreement IN WRITING.
Once cancelled, you must allow your tenant a reasonable grace period in which to vacate the premises, once again this must be given IN WRITING. If the tenant does not vacate the property within the specified period, initiate eviction proceedings either through the High Court or the Magistrate’s Court. You will need to ensure that you comply with what is known as the PIE Act (the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act). If you don’t, you will not succeed in evicting your tenant.
The process is somewhat complex and I would strongly suggest that an attorney experienced in eviction applications handle the matter for you. They are usually able to have the eviction order granted within 10 weeks if the application is unopposed.
Take heart. The process can be frustrating and you can’t be blamed for those unsavoury thoughts rising to the surface, but if you follow the law you can’t go wrong.
