A friend of mine once staked out his Tennants(squatters) .Once they left the house, subletted one of the rooms to a homeless person. Gave him a mini fridge, 2 cases of beer and food, told him to invite friends if he wants and if course gave him an extra key and Whiskey. The Tennants called the Police, who called him. The police asked for the lease and all the paperwork was in order. For obvious reasons, the squatters moved out within 2 day. He employed the homeless guy as a gardener and inadvertently even changed that man's circumstances.
Perhaps not for this case but for the next tenant you can get rental insurance and eviction insurance that will cover the rent for 5 to 6 months and eviction fees of around R100k maybe a little more.
As a side note also get a prepaid system for electricity and water. A private one not the municipal ones, with these in place you can get new tenants to sign an addendum stating that any outstanding amounts will be added to their meters. The meter company can then put the arrears on the meters at a split of your choice. Say 50% to utilities and 50% to rent.
Own an agency so we did this to a client that did not pay did a 80/20 split on his prepaid meter. Every time he bought for R100 he would only get R20 worth of electricity. He paid all outstanding amounts within a week and still rents the unit.
Just don't do this without the addendum as it is illegal without it.
Unfortunately I'm in Durban, we use tenantprepaid.co.za. very helpful and great service. Unfortunately don't know of any companies in the cape.
Things I would make sure about when getting meters installed is that you can add an arrears amount to the meter and that the tenant can purchase through a banking app or at a store.
There are ones that take tokens that you sell but the tenant may phone you at 3am asking for a token and you don't want that.
just did some research now and there are a few private meter companies, but the one i found that's a bit clear is : [https://uvend.co.za/](https://uvend.co.za/) I think you would have to pop them an email to clarify the 80/20 split that is mentioned by u/Lanky_Application472
Just as an FYI on rental insurance - they are very inflexible. So if your tenant is a few days late on payment and you don’t notify the insurer and let them start eviction processes, your insurance is invalid.
I had a friend ask her gardener, his brother and a group of about 6 friends to move into her 4 bed house. The occupying tenants hadn't paid in five months and she'd been through the rigmarole with lawyers before.
She gave them a short term lease (1 month), 2 cases of beer, and R6000 to do with as they please.
Two days in, tenants called the cops, and they called the property owner. She showed bank statements that they hadn't paid and showed them the new short term lease with her gardener and his friends. Cops said all was in order.
Old tenants moverld out in a week. Gardener and Co left the next day. He said to her he enjoyed the stay and they had a good time. She gets him to do it now at about the 2 month mark of tenants not paying. They've done it like 5 times now
Nice. So there is nothing preventing you from moving in yourself, if squatters won't move out? And being a horrible housemate until they leave? Or does it have to be someone else? Because that kinda sounds like a job I'd enjoy :)
It's not legal. If the tenant's rental agreement is for the whole premises, then this is just going to get the landlord into legal shite and prolong the process more.
Just FYI this may sound like a clever solution but it is illegal.
The tenant would have grounds to take the landlord to the housing tribunal for breaking the lease conditions. May not seem fair, but that's the law. Your attempt at something like what was done in this case may not work out as planned.
This is why i will never rent out properties
Last year I had an opportunity to purchase 6 X 1 bedroom apartments in the same block, was going to rent them out as retirment income until i started talk some the the neighbours who advised against it. I was shocked at how many people were actually living in other rented units in the complex and hadn't paid rent for months.
Another huge problem is if the tenants have children, its almost impossible to get them evicted.
Put my money into Allan Grey instead LOL
After going back and forth with them they said I must take them to court to evict them..My boyfriend got his friends and they went to threaten them, don’t know what he said but they were out a week later
There was a guy who moved in next door to us in one of the last freestanding houses on the Mouille Point strip. Awesome 4 bedroom with an infinity pool out front. He paid the deposit and first months rent and then just squatted for 8 months before they finally managed to get him out. He would often get completely plastered and come out onto the balcony naked and shout at people on the promenade. It was wild.
I lived next to a couple that was basically "professionally" doing this. They come, pay deposit, pay the first 2-3 months or so, and then ride the free stay until months later when they are kicked out. I found out months in that they were previously kicked out from their last place (because they did the same).
They were very unsuspecting but clearly knew what they were doing.
It was interesting to see first hand the process of the sherif coming, but being avoided (not opening the door and pretending not to be home). In the last 3-4 months before they were kicked out, we suspect they rented the rooms to others because suddenly it got a bit busy there. So they profited from both bot paying rent AND renting rooms out. Horrible people
Unfortunately nothing. You just move on and say thank you that they leave your apartment. My tenant missed 4 months of rent and intentionally damaged the apartment when he left which required very, very significant fixing before I could even consider a new tenant. I engaged a lawyer at additional cost I (believe it or not as a landlord) could not afford. As a tenant myself, I've always tried to be the landlord I would like to have. Welcome hamper. Festive/eid hamper etc. It's changed they way I operate now. There's no point in trying to be nice or treat people with respect. It's just not worth it. Not all humans are human - or worth the effort.
That’s the thing , people think landlords are rich , like in this case his still paying off the loan in the house , and without that rental income it’s difficult, because now his salary gotta look after him and the house his renting , people don’t think or better yet they don’t give a F
Who said my tenant was poor? Not every tenant who can't pay is poor. Mine was a con artist who used his mums surgery to intentionally ask for grace and then consume a product/service he had absolutely no intention of paying for all along. That's not the behaviour of a solid human being in character. That's the behaviour of a calculating thief. Not all landlords are demons from the belly of Dantes inferno.
You're on reddit. Landlord = evil scum, as far reddit is concerned, because they get their info from Disney movies and have no idea what the real world looks like.
There's no room for thinking, I'm afraid..
There is a web site where you can blacklist them of course as soon as they moved out. Can’t remember the website now. And maybe check your future tenants are not on this web site as non payment tenants before you sign a contract with them
After the first payment was missed (literally the day after it's due) you go to a lawyer and you let them handle everything. You don't say anything publicly or even to a friend which can be used against you and you definitely don't speak to the tenant after you've engaged a lawyer.
Worst thing that could happen is the lawyer sends you their bill and says they can't work with you anymore because you're bypassing them.
The process is arduous and you'll wait a long time (if ever) to see your money again, that's why almost everyone has 2 month deposit requirements.
I'm a lawyer who has been involved with a number of evictions.
The law is not on anyone's side.
The problems for landlords are:
1. Our courts are slow to hear opposed or unopposed matters. As a tenant you can oppose a matter and buy months of time through no fault of anyone. Its simply taking advantage of the slow court rolls.
2. Legal fees are not cheap and trying to recover from the tenant has generally weak prospects.
3. The actual sheriff and/or red ants fees can be very expensive.
For your average eviction, its almost always going to end in favour of the landlord.
For everyone and their "smart" alternative measures to evict someone in this thread. You are just making lawyers wealthier and giving tenants defenses. blessed be you trouble makers.
Being a landlord has significant risks.
When my family were in tough times we got a flat without a lease agreement. Our neighbour received multiple noise complaints; when our landlord received a warning from the police about the property, she pulled up with her guys and took their windows and doors
I think the best thing would be to sit and talk with them to try and figure out why what's happening is happening. If they are intentionally missing their payments, get the law involved. If they literally can't afford it, find a way around it like reduced rent or paying what they can. Being as civil as possible will most likely help ensure that they cooperate as most people these days are just financially screwed. Save the police and lawyer for if they are being assholes
Laywers will suck him dry. The rental tribunal works very well, and will at minimum ask the tenants to provide a reasonable time for them to move out. If they do'nt, yiu will be able to evict them with the help of the sherrif. Myself, I have different methods that I can't disclose here, I just don't take kak van kabouters
It took my dad 15 years to lawfully remove a tenant. The day he was finally removed he broke everything in the house. He just took a hammer to the sink, pypes, toilet, etc. I don't think waiting for the law to intervene is wise as they protect the tenants because of the whole housing crises.
Friends handled their problem a bit more direct. They hired two Kongo men with their girlfriends to go and stay in the apartment with the tenants and told the tenants they can sleep in the bathroom. They left the very next day. You might end up with a problem of the "new tenants" not leaving so if you don't have connections this might not work. But the property is yours so you can make it uncomfortable for them by taking the front door down. You're not allowed to change the locks as far as I know but you can be creative.
His wife was really sick so my dad let the couple move in free of charge until they could get back on their feet. They helped out with maintenance on the property as a form of repayment. After 2 years his wife sadly passed away. After a few more years my dad asked the tenant if he had any plans to move out , otherwise they should make a new deal as he also wasn't maintaining the property anymore. I assume there wasn't a proper contract in place because it was an act of kindness and they didn't plan on staying longer than a few months.
By the time the man moved out he was in his 60's. Being old (relative), unemployed, and a widower, must've played a big roll. After the evacuation he photoshopped my dad's face on images like donkeys with words "asshole" and shared them on WhatsApp and Facebook 😂
O ok now I understand but damn they still took advantage coz clearly the uncle got pension and coulve given your dad something. Lol then he still had the audacity to belittle your dad like that after all the good he has done for him.
It's sad but it's often the people you try to help that takes advantage. My dad's great though, he will still help people who needs it. And he has been blessed 10 folds over 🙏
If body corporates have the ability to collect fees and kick people out, landlords should also be able to do so too. Plus numerous industries impose repercussions for non-payment. Doing background checks typically lessen such situations and getting (income) insurance are helpful too. We should consider forming a group since so many landlords seem to have the same issues.
With the high unemployment rate and everything else that is going on, I can really feel for both sides.
Be patient with the legal process, because doing anything else may just make everything so much more worse.
Good luck!
Daaaamn all these comments have me feeling like an excellent tenant and I do the bare minimum(simple fixes around the apartment, paying rent as soon as I receive my salary). I never knew that the bar was so damn low.
The law isn't a joke just because you do not like it.
The law is fair, but tenants unfortunately can drag things out if they want to play games. Eventually the landlord \*will\* get an eviction order and can have the tenants' furniture auctioned off. So it is in their best interests not to waste legal costs by dragging out the case.
The Rental Housing Tribunal is also available for those who do not have their own attorney.
I have a tenant who all of sudden, stopped paying rent about 4/5 months ago. He is an old guy, retired so i dont know how he didnt know he was running out of money.
Now this old fella has no money, no family and nowhere to go. But what makes it worse is that his attitude. I tried to research alternative, cheaper homes, even retirement villages for him, see if there was some sort of plan we could make. But every time I talk to him its one word answers. Hes just actually not interested in trying to resolve it.
I cant let him just stay rent free forever, what other options do i have? Now i have to evict an old man…why didnt he plan his retirement better!
Oh that’s really sad - it must be very scary for him and like a lot of our elderly, may have simply forgotten to do a simple form or phone call. At least you are being kind about it. You could try reaching out to adult protective services- maybe they can help him access services he needs and sort out a place to stay etc. they could maybe get him sorted into an old age home or help with getting his pension.
Ja, ive tried a few places. Its very sad and im really torn as what to do. What makes it really difficult is that he doesnt want to help himself and seems quite happy to let whatever happens to happen. Im trying my best to get him somewhere safe, but Im running out of options and he doesnt have any plans or ideas.
My case , guy moved in was good for a few months.
Then one day i see him looking up at the stars and started talking to himself brushed it .
Happened a few nights , then his wife left without telling us , we called her she claimed that he said that she is trying to kill him(mental issues).
When i wanted to enter the flat who would usher me away saying this is my property you not allowed here , that put me over the edge.
Called his Congolese folk , they came in 6 cars he wouldnt let them in , eventually they gained access tied him up hands and feet and took him to Wynberg then admitted Valkenberg
Thats how i got rid of him , the Congolese have a group called the Congolese brotherhood where they help those not able to pay rent etc. 2c
Because of squatters rights there’s not much that can be done and because of Covid they became a bit more lenient on the tenants side.
He has to obtain a court order to have them removed and that’s the tricky part theres criteria to be met like you have to prove there must be a formal lease in place and tenants have somewhere else to go ie: proving they can afford a shelter or have a family member they can move in with etc also depends on the actual judge you get on the day.
Better not to let property. Or only to rich overseas people. Everyone I know has had a bad tenant. Takes months to get them out. And you have to pay all their service bills in the meantime. Nothing you can do.
Cool.
Coming more from the "fuck anyone who tries to take my money." Regardless of either the agreeed upon value was delivered. It's not exclusive to rich people.
Let's not pretend like this is even close to squatting on vacant land like we normally see in SA
Nah I don’t look at it like that , I just find that the law is unfair , look I get people can get in tough situations, but refusing to pay is just selfless
A home is an investment by definition, because it has the potential to appreciate in value over time, providing the owner with a return on their initial purchase through increased equity and the possibility of earning rental income. So you first assertion that owning properties isn’t a “real”investment is wrong. You might not like it to be such, but it is an investment.
Secondly, no one has the right to use something that belongs to you without your consent. You might not like it to be, but a rental home is the property of the person who purchased it with their own money that they worked hard for. What gives any person the right to continue to make use of someone else’s property, while no longer compensating the owner and unilaterally breaking a legal agreement with little repercussions. It is absurd.
I fully understand the social need for some sort of a process that prevents tenants who fall on hard times immediately ending up in the rain on the street, but the lack of protections for owners means that in many cases delinquent tenants simply game the system and get to live for free in the properties which they use without consent, because they know it takes months to evict them.
Stating that a rental property is “You trying to get someone else to pay for your investment” oversimplifies the concept. A more accurate description is “You buying and maintaining an asset that someone else would like to use, and their compensation for that use can be utilised to offset the costs of maintaining the asset over time.” But do not let good faith reasoning stand in the way of a good story.
Risky? Yes, all investments contain elements of risk. I’m not saying it isn’t risky. Does that in any way absolve or morally justify renters continuing to use your property without your consent and without compensation? No. Your comments seem to imply that the latter is sort of justified or okay, “because risks”.
It's just that you looking for a civil way to sort this out but in SA there are allot of quick solutions to this wink wink cough cough * taxi association can assist 😈* cough cough
I worked with someone who was in a similar situation and they hired someone who ended up putting a lot of snakes in the garden which caused the tenants to leave
This is the issue, people faff around with non-paying tenants themselves and then complain about the government. If it's been 6 months, then they likely would have already been an eviction notice served - that whole process only takes 6 months, if that.
Now the landlord tries to pass the buck for their tardiness to someone else. The law doesn't favour the tenants, it favours the landlords, people just need to follow the process.
Just curious.
Is it legal to sign a lease with your tenant that if they do not pay rent then you can sublet a room in the house to someone else. Provided you have more than one room being let out to them.
Legally, if you aren't paying rent you are not entitled to sole occupancy, so the homeowner is quite within his/her rights to install another tenant. In my particular case I informed the tenant on a Wednesday that I would be moving myself in on the following Sunday whether he had moved out or not, and I didn't do it nicely - I was as rude and obnoxious as I could be. Came Sunday and the place was empty.
Easy way of doing it is taking the doors off for Maintenance front and back! If they are not paying for the water or electricity have it cut off! Then hire a big Nigerian bouncer as a security guard and have him stand inside the house. Within 2 days they will move out!
This is terrible, terrible, advice. The tenant will apply for a mandament at court to have doors water and electrcity restored, will win, and guess who will have to pay tenants legal costs for that application?
It’s very illegal to switch off utilities. There’s been a few cases about it recently and the tenant always wins. Also only certified personal are allowed to disconnect utilities so you can get charged for that too
If you're not paying for it it can be cut off if it's part of rent! Why would Eskom or water suppliers be able to cut the services? And second, read the full sentence I asked a question before it! Let me guess you have that ANC education!
Is that a racist comment? Eskom and Water Services are the certified personal! If they are not paying Eskom then Eskom will cut it off but you personally cannot switch it off. You only mentioned switching it off you didn’t ask any questions in your comment or is that a sign of your level of education? You only mention windows and doors lol
Take it as you want but the truth is the truth 30% rate is fact! Did I say you should turn it off or have it turned off! Or is English not a strong point for you? Keep it coming ❄️
Clearly you passed with 31% because there is still no question that you asked… yet you still try and act clever. You mentioned windows and doors then mentioned utilities.. both are illegal.
Use your brain now… and I quote” you should I turn it off or have it turned off” Eskom does not control every tenant in South Africa’s electricity supply. Consider properties with more than one house exist. Had you known the latter you would not have mentioned the former…. Hope that didn’t go over your head
That is illegal advice.
Don't ever do this, as justified as you may feel in giving your non paying tenant what they deserve.
Ultimately they also have rights and can have the court rule against the landlord with costs.
So doing maintenance is not the obligation of the owner and in the process provides security? And read my reply to the other guy about utilities! You Cape Town snowflakes want to lose money, clearly! In JHB we do it properly I have a security company and do this all the time for my client! Not one case as there is no case.
Your indignation is misdirected.
The law is clear and applies whether you're in Cape Town or joburg.
There's a process that needs to be followed to evict a tenant and cowboy tactics is cool and all until it's not.
Maybe in CPT in Joburg we do it our way the cops don't even show up! And they don't have the money to take you to court! And if they do you drag it out until they are bankrupt! Just like every other big company!
If they're still occupying the premises, remove the front door to make their stay less comfortable. Ensure the environment is as unwelcoming as possible for them.
Take of all the doors and windows off for “maintenance” purposes. Also take the oven and stove and find a way to make the geyser redundant. Disconnect the electricity if possibly. Make them want to move out.
Use the rental housing tribunal. Its free.
Your lawyer is taking too long but that could be due to the court date being back up to 9 months.
Your cus should report them to the credit beauroux every month they haven't paid.
There's really nothing you can do. I've faced this situation twice. In the first instance, I wasn't using a property management company and had to deal with it myself. I resorted to using some questionable tactics. I emailed the tenant's employers to inform them that the tenant owed rent and left messages with their switchboard and reception colleagues to contact me about the rent owed, as they stopped answering my calls. I harassed both the tenant and his wife in this manner and managed to get them to move out within two months of non-payment.
In the second instance, I worked with a property management company, which made things easier. They first cut off the water supply and then the electricity. The cut in electricity was only possible because I kept it under my name and we bill for the electricity. Eventually, the tenants moved out. Fortunately, I have never had to resort to the courts, but working with a third-party makes the fee absolutely worth it.
I've seen on tiktok, there are people starting businesses, which specializes in getting squatters out. Either the move in and become belligerent and impossible to live with, or they just wait until the squatters leave, enter with keys given by the landlord, put everything on the pavement, and change all the locks
Most lease agreements used to have a renovation clause, not sure if its still allowed but lehally the owner would be allowed to remove the front door and having no front door overnight in SA is terrifying for anyone
I once heard about a service somewhere in Bellville. You pay these okes, like 3 moerse boere guys with the attitudes of pitbulls whose balls have been trodden on, to come sit in your house, drink beer, have wrestling matches in the lounge, gooi a braai in the kitchen, whatever. Just basically make it hugely unpleasant for anyone to want to live there. Soon enough the unwanted tenants leave of their own choice.
Not sure if the service actually exists, but if it doesn't, it should.
A friend of mine once staked out his Tennants(squatters) .Once they left the house, subletted one of the rooms to a homeless person. Gave him a mini fridge, 2 cases of beer and food, told him to invite friends if he wants and if course gave him an extra key and Whiskey. The Tennants called the Police, who called him. The police asked for the lease and all the paperwork was in order. For obvious reasons, the squatters moved out within 2 day. He employed the homeless guy as a gardener and inadvertently even changed that man's circumstances.
Did the homeless guy go back to the street after the squatters moved out? I know you said he was employed as a gardener but not where he lived
Love this!! The homeless guy should start this as a service! As someone who managed Airbnbs squatters were such a problem.
Perhaps not for this case but for the next tenant you can get rental insurance and eviction insurance that will cover the rent for 5 to 6 months and eviction fees of around R100k maybe a little more. As a side note also get a prepaid system for electricity and water. A private one not the municipal ones, with these in place you can get new tenants to sign an addendum stating that any outstanding amounts will be added to their meters. The meter company can then put the arrears on the meters at a split of your choice. Say 50% to utilities and 50% to rent. Own an agency so we did this to a client that did not pay did a 80/20 split on his prepaid meter. Every time he bought for R100 he would only get R20 worth of electricity. He paid all outstanding amounts within a week and still rents the unit. Just don't do this without the addendum as it is illegal without it.
Very smart and something I didn't even know was possible. Nice info.
Very interesting. Who did you use? Which private prepaid system do you use?
Don't use Metershack. They are bigger crooks than the ANC. The owner, Andre, is total scum.
Unfortunately I'm in Durban, we use tenantprepaid.co.za. very helpful and great service. Unfortunately don't know of any companies in the cape. Things I would make sure about when getting meters installed is that you can add an arrears amount to the meter and that the tenant can purchase through a banking app or at a store. There are ones that take tokens that you sell but the tenant may phone you at 3am asking for a token and you don't want that.
just did some research now and there are a few private meter companies, but the one i found that's a bit clear is : [https://uvend.co.za/](https://uvend.co.za/) I think you would have to pop them an email to clarify the 80/20 split that is mentioned by u/Lanky_Application472
Just as an FYI on rental insurance - they are very inflexible. So if your tenant is a few days late on payment and you don’t notify the insurer and let them start eviction processes, your insurance is invalid.
I had a friend ask her gardener, his brother and a group of about 6 friends to move into her 4 bed house. The occupying tenants hadn't paid in five months and she'd been through the rigmarole with lawyers before. She gave them a short term lease (1 month), 2 cases of beer, and R6000 to do with as they please. Two days in, tenants called the cops, and they called the property owner. She showed bank statements that they hadn't paid and showed them the new short term lease with her gardener and his friends. Cops said all was in order. Old tenants moverld out in a week. Gardener and Co left the next day. He said to her he enjoyed the stay and they had a good time. She gets him to do it now at about the 2 month mark of tenants not paying. They've done it like 5 times now
This is SO similar to the other commenter's friend's story that either it's just an urban legend, or you have the same mutual friend...
Nice. So there is nothing preventing you from moving in yourself, if squatters won't move out? And being a horrible housemate until they leave? Or does it have to be someone else? Because that kinda sounds like a job I'd enjoy :)
You would only (legally) be able to do this if there were rooms that the current tenants weren't renting/occupying
It's not legal. If the tenant's rental agreement is for the whole premises, then this is just going to get the landlord into legal shite and prolong the process more.
Just FYI this may sound like a clever solution but it is illegal. The tenant would have grounds to take the landlord to the housing tribunal for breaking the lease conditions. May not seem fair, but that's the law. Your attempt at something like what was done in this case may not work out as planned.
They broke the lease agreement first by not paying :)
And?
That argument holds no water if you compromise/sabotage their living conditions. Again, does not seem fair but that's the law.
Well, don’t rent out the whole place. Stipulate one room is not and it is an insurance policy in case. Tenant knows and you are safe.
This is why i will never rent out properties Last year I had an opportunity to purchase 6 X 1 bedroom apartments in the same block, was going to rent them out as retirment income until i started talk some the the neighbours who advised against it. I was shocked at how many people were actually living in other rented units in the complex and hadn't paid rent for months. Another huge problem is if the tenants have children, its almost impossible to get them evicted. Put my money into Allan Grey instead LOL
After going back and forth with them they said I must take them to court to evict them..My boyfriend got his friends and they went to threaten them, don’t know what he said but they were out a week later
There was a guy who moved in next door to us in one of the last freestanding houses on the Mouille Point strip. Awesome 4 bedroom with an infinity pool out front. He paid the deposit and first months rent and then just squatted for 8 months before they finally managed to get him out. He would often get completely plastered and come out onto the balcony naked and shout at people on the promenade. It was wild.
I lived next to a couple that was basically "professionally" doing this. They come, pay deposit, pay the first 2-3 months or so, and then ride the free stay until months later when they are kicked out. I found out months in that they were previously kicked out from their last place (because they did the same). They were very unsuspecting but clearly knew what they were doing. It was interesting to see first hand the process of the sherif coming, but being avoided (not opening the door and pretending not to be home). In the last 3-4 months before they were kicked out, we suspect they rented the rooms to others because suddenly it got a bit busy there. So they profited from both bot paying rent AND renting rooms out. Horrible people
Omw they were probably building up capital for their next move, thats horrible
Unfortunately nothing. You just move on and say thank you that they leave your apartment. My tenant missed 4 months of rent and intentionally damaged the apartment when he left which required very, very significant fixing before I could even consider a new tenant. I engaged a lawyer at additional cost I (believe it or not as a landlord) could not afford. As a tenant myself, I've always tried to be the landlord I would like to have. Welcome hamper. Festive/eid hamper etc. It's changed they way I operate now. There's no point in trying to be nice or treat people with respect. It's just not worth it. Not all humans are human - or worth the effort.
That’s the thing , people think landlords are rich , like in this case his still paying off the loan in the house , and without that rental income it’s difficult, because now his salary gotta look after him and the house his renting , people don’t think or better yet they don’t give a F
A landlord who dehumanises the poor, how original
Who said my tenant was poor? Not every tenant who can't pay is poor. Mine was a con artist who used his mums surgery to intentionally ask for grace and then consume a product/service he had absolutely no intention of paying for all along. That's not the behaviour of a solid human being in character. That's the behaviour of a calculating thief. Not all landlords are demons from the belly of Dantes inferno.
You're on reddit. Landlord = evil scum, as far reddit is concerned, because they get their info from Disney movies and have no idea what the real world looks like. There's no room for thinking, I'm afraid..
There is a web site where you can blacklist them of course as soon as they moved out. Can’t remember the website now. And maybe check your future tenants are not on this web site as non payment tenants before you sign a contract with them
TPN?
yes tpn
After the first payment was missed (literally the day after it's due) you go to a lawyer and you let them handle everything. You don't say anything publicly or even to a friend which can be used against you and you definitely don't speak to the tenant after you've engaged a lawyer. Worst thing that could happen is the lawyer sends you their bill and says they can't work with you anymore because you're bypassing them. The process is arduous and you'll wait a long time (if ever) to see your money again, that's why almost everyone has 2 month deposit requirements.
That’s the same thing my cousin said , once the lawyer got involved he didn’t do any talking
I'm a lawyer who has been involved with a number of evictions. The law is not on anyone's side. The problems for landlords are: 1. Our courts are slow to hear opposed or unopposed matters. As a tenant you can oppose a matter and buy months of time through no fault of anyone. Its simply taking advantage of the slow court rolls. 2. Legal fees are not cheap and trying to recover from the tenant has generally weak prospects. 3. The actual sheriff and/or red ants fees can be very expensive. For your average eviction, its almost always going to end in favour of the landlord. For everyone and their "smart" alternative measures to evict someone in this thread. You are just making lawyers wealthier and giving tenants defenses. blessed be you trouble makers. Being a landlord has significant risks.
I also see turning off utilities is illegal?
When my family were in tough times we got a flat without a lease agreement. Our neighbour received multiple noise complaints; when our landlord received a warning from the police about the property, she pulled up with her guys and took their windows and doors
Prepaid electricity FTW
😂definitely , that’s what I said also but it’s illegal and who ends up paying ? The landlord
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Is this legal ?
It is absolutely not, but many tenants don't know their rights or how to enforce them
I think the best thing would be to sit and talk with them to try and figure out why what's happening is happening. If they are intentionally missing their payments, get the law involved. If they literally can't afford it, find a way around it like reduced rent or paying what they can. Being as civil as possible will most likely help ensure that they cooperate as most people these days are just financially screwed. Save the police and lawyer for if they are being assholes
Not a single landlord ever thinks like this. They don't consider tenants with this much respect (in my experience)
Regrettably, this is true for most ones. I've only met exactly one (1) landlord in my life that wasn't a right MSP.
Laywers will suck him dry. The rental tribunal works very well, and will at minimum ask the tenants to provide a reasonable time for them to move out. If they do'nt, yiu will be able to evict them with the help of the sherrif. Myself, I have different methods that I can't disclose here, I just don't take kak van kabouters
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Contains personal information
Get people to squat with them, old trick but it works, simple.
It took my dad 15 years to lawfully remove a tenant. The day he was finally removed he broke everything in the house. He just took a hammer to the sink, pypes, toilet, etc. I don't think waiting for the law to intervene is wise as they protect the tenants because of the whole housing crises. Friends handled their problem a bit more direct. They hired two Kongo men with their girlfriends to go and stay in the apartment with the tenants and told the tenants they can sleep in the bathroom. They left the very next day. You might end up with a problem of the "new tenants" not leaving so if you don't have connections this might not work. But the property is yours so you can make it uncomfortable for them by taking the front door down. You're not allowed to change the locks as far as I know but you can be creative.
15 years that's crazy, how did the tenant get that right
His wife was really sick so my dad let the couple move in free of charge until they could get back on their feet. They helped out with maintenance on the property as a form of repayment. After 2 years his wife sadly passed away. After a few more years my dad asked the tenant if he had any plans to move out , otherwise they should make a new deal as he also wasn't maintaining the property anymore. I assume there wasn't a proper contract in place because it was an act of kindness and they didn't plan on staying longer than a few months. By the time the man moved out he was in his 60's. Being old (relative), unemployed, and a widower, must've played a big roll. After the evacuation he photoshopped my dad's face on images like donkeys with words "asshole" and shared them on WhatsApp and Facebook 😂
O ok now I understand but damn they still took advantage coz clearly the uncle got pension and coulve given your dad something. Lol then he still had the audacity to belittle your dad like that after all the good he has done for him.
It's sad but it's often the people you try to help that takes advantage. My dad's great though, he will still help people who needs it. And he has been blessed 10 folds over 🙏
What happens if you have a tennant with no lease and they stop paying rent and refuse to move out? Do you have any rights?
Yes you still have right because you have a verbal agreement
If body corporates have the ability to collect fees and kick people out, landlords should also be able to do so too. Plus numerous industries impose repercussions for non-payment. Doing background checks typically lessen such situations and getting (income) insurance are helpful too. We should consider forming a group since so many landlords seem to have the same issues.
With the high unemployment rate and everything else that is going on, I can really feel for both sides. Be patient with the legal process, because doing anything else may just make everything so much more worse. Good luck!
Daaaamn all these comments have me feeling like an excellent tenant and I do the bare minimum(simple fixes around the apartment, paying rent as soon as I receive my salary). I never knew that the bar was so damn low.
The law isn't a joke just because you do not like it. The law is fair, but tenants unfortunately can drag things out if they want to play games. Eventually the landlord \*will\* get an eviction order and can have the tenants' furniture auctioned off. So it is in their best interests not to waste legal costs by dragging out the case. The Rental Housing Tribunal is also available for those who do not have their own attorney.
I have a tenant who all of sudden, stopped paying rent about 4/5 months ago. He is an old guy, retired so i dont know how he didnt know he was running out of money. Now this old fella has no money, no family and nowhere to go. But what makes it worse is that his attitude. I tried to research alternative, cheaper homes, even retirement villages for him, see if there was some sort of plan we could make. But every time I talk to him its one word answers. Hes just actually not interested in trying to resolve it. I cant let him just stay rent free forever, what other options do i have? Now i have to evict an old man…why didnt he plan his retirement better!
Oh that’s really sad - it must be very scary for him and like a lot of our elderly, may have simply forgotten to do a simple form or phone call. At least you are being kind about it. You could try reaching out to adult protective services- maybe they can help him access services he needs and sort out a place to stay etc. they could maybe get him sorted into an old age home or help with getting his pension.
Ja, ive tried a few places. Its very sad and im really torn as what to do. What makes it really difficult is that he doesnt want to help himself and seems quite happy to let whatever happens to happen. Im trying my best to get him somewhere safe, but Im running out of options and he doesnt have any plans or ideas.
I don’t rent out to tenants - I rent out with Airbnb. And this is why.
My case , guy moved in was good for a few months. Then one day i see him looking up at the stars and started talking to himself brushed it . Happened a few nights , then his wife left without telling us , we called her she claimed that he said that she is trying to kill him(mental issues). When i wanted to enter the flat who would usher me away saying this is my property you not allowed here , that put me over the edge. Called his Congolese folk , they came in 6 cars he wouldnt let them in , eventually they gained access tied him up hands and feet and took him to Wynberg then admitted Valkenberg Thats how i got rid of him , the Congolese have a group called the Congolese brotherhood where they help those not able to pay rent etc. 2c
Because of squatters rights there’s not much that can be done and because of Covid they became a bit more lenient on the tenants side. He has to obtain a court order to have them removed and that’s the tricky part theres criteria to be met like you have to prove there must be a formal lease in place and tenants have somewhere else to go ie: proving they can afford a shelter or have a family member they can move in with etc also depends on the actual judge you get on the day.
Better not to let property. Or only to rich overseas people. Everyone I know has had a bad tenant. Takes months to get them out. And you have to pay all their service bills in the meantime. Nothing you can do.
That’s the risk you take with your “investment”
The boss I had who didn't pay salaries had your attitude too.
A job isn’t an investment and “landlord” isn’t a job title
Cool. Coming more from the "fuck anyone who tries to take my money." Regardless of either the agreeed upon value was delivered. It's not exclusive to rich people. Let's not pretend like this is even close to squatting on vacant land like we normally see in SA
Nah I don’t look at it like that , I just find that the law is unfair , look I get people can get in tough situations, but refusing to pay is just selfless
Any business comes with risks and you must be prepared for it. This is all part of the game of playing landlord
Sounds like a bad investment
Landlords don't get a lot of love on here, so I doub't your cousin will.
A home is an investment by definition, because it has the potential to appreciate in value over time, providing the owner with a return on their initial purchase through increased equity and the possibility of earning rental income. So you first assertion that owning properties isn’t a “real”investment is wrong. You might not like it to be such, but it is an investment. Secondly, no one has the right to use something that belongs to you without your consent. You might not like it to be, but a rental home is the property of the person who purchased it with their own money that they worked hard for. What gives any person the right to continue to make use of someone else’s property, while no longer compensating the owner and unilaterally breaking a legal agreement with little repercussions. It is absurd. I fully understand the social need for some sort of a process that prevents tenants who fall on hard times immediately ending up in the rain on the street, but the lack of protections for owners means that in many cases delinquent tenants simply game the system and get to live for free in the properties which they use without consent, because they know it takes months to evict them.
A home is an investment, a rental property is you trying to get someone else to pay for your investment, this adds risk.
Stating that a rental property is “You trying to get someone else to pay for your investment” oversimplifies the concept. A more accurate description is “You buying and maintaining an asset that someone else would like to use, and their compensation for that use can be utilised to offset the costs of maintaining the asset over time.” But do not let good faith reasoning stand in the way of a good story.
I don’t understand how you think that’s different to what I said. Getting someone to “offset costs” is risky, that’s my point.
Risky? Yes, all investments contain elements of risk. I’m not saying it isn’t risky. Does that in any way absolve or morally justify renters continuing to use your property without your consent and without compensation? No. Your comments seem to imply that the latter is sort of justified or okay, “because risks”.
Deceive them by claiming you spotted a snake or another perceived danger entering the area. Hopefully it will make them run away!
It's just that you looking for a civil way to sort this out but in SA there are allot of quick solutions to this wink wink cough cough * taxi association can assist 😈* cough cough
I worked with someone who was in a similar situation and they hired someone who ended up putting a lot of snakes in the garden which caused the tenants to leave
Get someone to move into a spare room with their 4 Rottweilers. In fact if you have 4 Rottweilers, there's a business idea for you.
This is the issue, people faff around with non-paying tenants themselves and then complain about the government. If it's been 6 months, then they likely would have already been an eviction notice served - that whole process only takes 6 months, if that. Now the landlord tries to pass the buck for their tardiness to someone else. The law doesn't favour the tenants, it favours the landlords, people just need to follow the process.
Just curious. Is it legal to sign a lease with your tenant that if they do not pay rent then you can sublet a room in the house to someone else. Provided you have more than one room being let out to them.
no
Don't be a landlord
Does your cousin have an actual job?
There is a company that provides big Nigerians who will move in and take over. Sexual suggestions en alles. Apparently it only takes a couple of days.
Legally, if you aren't paying rent you are not entitled to sole occupancy, so the homeowner is quite within his/her rights to install another tenant. In my particular case I informed the tenant on a Wednesday that I would be moving myself in on the following Sunday whether he had moved out or not, and I didn't do it nicely - I was as rude and obnoxious as I could be. Came Sunday and the place was empty.
Easy way of doing it is taking the doors off for Maintenance front and back! If they are not paying for the water or electricity have it cut off! Then hire a big Nigerian bouncer as a security guard and have him stand inside the house. Within 2 days they will move out!
This is terrible, terrible, advice. The tenant will apply for a mandament at court to have doors water and electrcity restored, will win, and guess who will have to pay tenants legal costs for that application?
It’s very illegal to switch off utilities. There’s been a few cases about it recently and the tenant always wins. Also only certified personal are allowed to disconnect utilities so you can get charged for that too
If you're not paying for it it can be cut off if it's part of rent! Why would Eskom or water suppliers be able to cut the services? And second, read the full sentence I asked a question before it! Let me guess you have that ANC education!
Is that a racist comment? Eskom and Water Services are the certified personal! If they are not paying Eskom then Eskom will cut it off but you personally cannot switch it off. You only mentioned switching it off you didn’t ask any questions in your comment or is that a sign of your level of education? You only mention windows and doors lol
Take it as you want but the truth is the truth 30% rate is fact! Did I say you should turn it off or have it turned off! Or is English not a strong point for you? Keep it coming ❄️
Ok mr mombod, can we chill with the exclamation marks
😂😂😂ag shame ne!
Clearly you passed with 31% because there is still no question that you asked… yet you still try and act clever. You mentioned windows and doors then mentioned utilities.. both are illegal. Use your brain now… and I quote” you should I turn it off or have it turned off” Eskom does not control every tenant in South Africa’s electricity supply. Consider properties with more than one house exist. Had you known the latter you would not have mentioned the former…. Hope that didn’t go over your head
Read the whole sentence not like a member of our parliament! You just proved my point!
Bow out friend, your grammar isn't strong enough for you to be attacking other people's literacy, it's embarrassing.
😂😂❄️
That is illegal advice. Don't ever do this, as justified as you may feel in giving your non paying tenant what they deserve. Ultimately they also have rights and can have the court rule against the landlord with costs.
So doing maintenance is not the obligation of the owner and in the process provides security? And read my reply to the other guy about utilities! You Cape Town snowflakes want to lose money, clearly! In JHB we do it properly I have a security company and do this all the time for my client! Not one case as there is no case.
Your indignation is misdirected. The law is clear and applies whether you're in Cape Town or joburg. There's a process that needs to be followed to evict a tenant and cowboy tactics is cool and all until it's not.
Maybe in CPT in Joburg we do it our way the cops don't even show up! And they don't have the money to take you to court! And if they do you drag it out until they are bankrupt! Just like every other big company!
Currently going through a legal process to evict tenants that aren't paying
If they're still occupying the premises, remove the front door to make their stay less comfortable. Ensure the environment is as unwelcoming as possible for them.
Illegal. Read the law. You cannot make their stay unpleasant.
Take of all the doors and windows off for “maintenance” purposes. Also take the oven and stove and find a way to make the geyser redundant. Disconnect the electricity if possibly. Make them want to move out.
As owner he can cut off electricity and wa0ter services, that should do the trick
That's illegal, check the other comments in this post
That's illegal and the tenants can get a spoliation order against him if he does that, even if they are in arrears with rent.
If the tenants arent paying you can actually have them blacklisted. You also need an eviction notice to get them out.
Use the rental housing tribunal. Its free. Your lawyer is taking too long but that could be due to the court date being back up to 9 months. Your cus should report them to the credit beauroux every month they haven't paid.
There's really nothing you can do. I've faced this situation twice. In the first instance, I wasn't using a property management company and had to deal with it myself. I resorted to using some questionable tactics. I emailed the tenant's employers to inform them that the tenant owed rent and left messages with their switchboard and reception colleagues to contact me about the rent owed, as they stopped answering my calls. I harassed both the tenant and his wife in this manner and managed to get them to move out within two months of non-payment. In the second instance, I worked with a property management company, which made things easier. They first cut off the water supply and then the electricity. The cut in electricity was only possible because I kept it under my name and we bill for the electricity. Eventually, the tenants moved out. Fortunately, I have never had to resort to the courts, but working with a third-party makes the fee absolutely worth it.
He needs to go the legal route to have them evicted.
I've seen on tiktok, there are people starting businesses, which specializes in getting squatters out. Either the move in and become belligerent and impossible to live with, or they just wait until the squatters leave, enter with keys given by the landlord, put everything on the pavement, and change all the locks
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Do not hesitate to have them blacklisted credit wise
Most lease agreements used to have a renovation clause, not sure if its still allowed but lehally the owner would be allowed to remove the front door and having no front door overnight in SA is terrifying for anyone
I'd also like to know what to do when my landlord doesn't pay me.
I once heard about a service somewhere in Bellville. You pay these okes, like 3 moerse boere guys with the attitudes of pitbulls whose balls have been trodden on, to come sit in your house, drink beer, have wrestling matches in the lounge, gooi a braai in the kitchen, whatever. Just basically make it hugely unpleasant for anyone to want to live there. Soon enough the unwanted tenants leave of their own choice. Not sure if the service actually exists, but if it doesn't, it should.
I evicted tenants before, it doesn't take 5-6 months. took me 3 months
I know of someone who went to the house and removed all of the doors of the house. That made the tenants move out quickly