How do I sue a tenant for unpaid rent in South Africa?

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.

What is a provisional sentence summons?

A provisional sentence summons may be issued when suing on a liquid document. This compels the defendant to appear before court to admit or deny liability in relation to the liquid document.

What is summons commencing action?

Summons commencing action (1) The summons shall be served on the defendant not less than 10 days before the date of trial. (2) The summons shall be signed by the clerk of the court and shall bear the date of issue by him.

How do I restore my rent arrears from my tenant?

How to Get Rent Arrears From a Tenant

1. Understanding your Rent Arrears Landlord Rights.
2. Step 1: Managing rent arrears- keep calm and make polite enquiries.
3. Step 2: Send a late rent notice.
4. Step 3: Send a further letter after 2 weeks and then 3 weeks.
5. Step 4: Apply to the Court for possession of your property.

What is an automatic rent Interdict?

An automatic rent interdict summons will secure a landlord’s hypothec for payment of arrear rent in that the tenant will be interdicted to remove any of his or her moveable assets from the leased premises until such time that a court otherwise directs.

What happens if a tenant doesn’t pay rent in South Africa?

If no payment is forthcoming a landlord may now issue summons. If the tenant fails to respond to the summons the landlord is legally entitled to cancel the agreement and contact an attorney to start the eviction process.

What is a provisional sentence summons South Africa?

What is an automatic rent Interdict summons?

What is a rent Interdict summons?

The key difference between the Section 32 Application and Rent Interdict Summons is that a Rent Interdict Summons interdicts the tenant from removing any of his/her assets from the premises until the matter is finalised.

How does a hypothec work?

The hypothec secures the lessee’s obligation to pay rent in terms of the agreement of lease. It does this by allowing the landlord to burden the movable property present on the leased land or while in transit to a new destination subsequent to the removal from the land.

What is a landlord’s hypothec?

The “landlord’s hypothec” is a common law protection remedy landlords can use to collect rental arrears from tenants. This provision allows a landlord to sell the tenant’s movable goods that are on the leased premises if the tenant fails to pay the rent.

How long is a summons valid for in South Africa?

12 months
The Rules of Court no longer provide for a period until a summons will lapse. Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution.

How must a summons be served in South Africa?

The summons is usually signed by an attorney, or by the plaintiff personally if he is not represented. Once it has been drafted, it must be issued by the clerk of the court or the registrar, who places a stamp on the document and gives it a case number.

Can a landlord attach your belongings South Africa?

The prejudiced party, being a landlord, can simultaneously apply for an attachment order in terms of Section 32 of the Act. In terms of Section 32, the landlord is allowed to apply to the Magistrates court for the attachment and simultaneous removal of the tenant’s moveable property in security of unpaid rental.

What is an alternative to the rental interdict summons?

Alternative to the Rental Interdict Summons which includes a possible urgent ex parte application in cases where the landlord believes that the tenant may abscond without settling the rental debt. WHAT US A LANDLORD’S HYPOTHEC?

What is an arrear rent summons?

(3) such notice shall operate to interdict any person having knowledge thereof from removing any furniture or effects. This is commonly known as an arrear rental summons wherein an automatic rent interdict is included. Service of the summons on the tenant would bring the hypothec into effect.

When to include a notice in a rent summons?

(1) When a summons is issued in which is claimed the rent of any premises, the plaintiff may include in such summons a notice prohibiting any person from removing any of the furniture or effects thereon which are subject to the plaintiff’s hypothec for rent until an order relative thereto has been made by the court.

What happens to the movables when a summons is issued?

In effect, the Sheriff serves the Summons and attaches and removes the tenant’s movable goods to the value of the arrear rental plus costs. The Sheriff pending finalisation of the action then stores the movables.