Getting rid of a tenant not paying rent

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rajarad
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Getting rid of a tenant not paying rent

Unread post by rajarad » Tue Mar 26, 2019 6:26 pm

There must be some one out there that has done this before that can perhaps help me.

We have a place with a tenant that has not paid rent for a year. Been trying to get her out but she managed to evade each time. Last week we changed the locks. She changed them back during the night.

Any help with professional Services to get her out.

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Re: Getting rid of a tenant not paying rent

Unread post by Tony Forrester » Tue Mar 26, 2019 6:32 pm

Find a smelly old tramp and "rent " out the lounge to him on a sublet.......
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Re: Getting rid of a tenant not paying rent

Unread post by Jack Welles » Tue Mar 26, 2019 7:01 pm

rajarad wrote:
Tue Mar 26, 2019 6:26 pm
There must be some one out there that has done this before that can perhaps help me.

We have a place with a tenant that has not paid rent for a year. Been trying to get her out but she managed to evade each time. Last week we changed the locks. She changed them back during the night. Any help with professional Services to get her out. Regards DR
Did you appoint an attorney to deal with this from the first missed rental payment? It really shouldn't have taken him or her a year to get a non-paying tenant out.

As an aside: it's against the law to take it into your own hands by changing the locks on a tenant.
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Re: Getting rid of a tenant not paying rent

Unread post by Fransw » Tue Mar 26, 2019 7:12 pm

We also have one :? I see big problems with this one. She has 2 small kids to make matters worse! 4 months now... What to do?
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Re: Getting rid of a tenant not paying rent

Unread post by markus_m2 » Tue Mar 26, 2019 7:30 pm

Went through it many years ago - can't remember exact process but you basically want to get eviction proceedings started ASAP! (I think it starts woth a letter of demand).
The earlier you do this the less chance they have to hang onto squatter rights (too late if a year or even 4 months have already passed).

From point of contacting the lawyer the process took me around 4 months!

There's other "less legal" ways but if they know their rights then this could actually screw you worse in the long run...
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Re: Getting rid of a tenant not paying rent

Unread post by Rotor Mad » Wed Mar 27, 2019 9:25 am

Take the front door off for repairs
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Re: Getting rid of a tenant not paying rent

Unread post by Jack Welles » Wed Mar 27, 2019 9:39 am

Rotor Mad wrote:
Wed Mar 27, 2019 9:25 am
Take the front door off for repairs
:shock: And if the tenant then gets robbed, or God forbid, raped - pasop! 8-[
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Re: Getting rid of a tenant not paying rent

Unread post by Fransw » Wed Mar 27, 2019 9:50 am

Jack Welles wrote:
Wed Mar 27, 2019 9:39 am
Rotor Mad wrote:
Wed Mar 27, 2019 9:25 am
Take the front door off for repairs
:shock: And if the tenant then gets robbed, or God forbid, raped - pasop! 8-[
Better to take the roof of for repairs! :mrgreen:
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Re: Getting rid of a tenant not paying rent

Unread post by Rotor Mad » Wed Mar 27, 2019 10:44 am

Jack Welles wrote:
Wed Mar 27, 2019 9:39 am
Rotor Mad wrote:
Wed Mar 27, 2019 9:25 am
Take the front door off for repairs
:shock: And if the tenant then gets robbed, or God forbid, raped - pasop! 8-[
Not a tenant anymore but a plakker
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Re: Getting rid of a tenant not paying rent

Unread post by C Africa » Wed Mar 27, 2019 11:18 am

The simple thing is, that you cannot evict the person without due process. BUT, because the person is NOT paying rent, they cannot claim that they need any specific standard of accommodation or even the whole premises. So as mentioned above, if you were to sublet the lounge to some smelly hobo, you would be perfectly within your rights.

A friend of mine who had problems like that simply put a whole family into the spare bedroom. The tenants were out by the next day. You see in simple terms, the tenant can't go to court and claim anything UNFAIR. They are not paying, so can't demand anything specific!



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Re: Getting rid of a tenant not paying rent

Unread post by Jack Welles » Wed Mar 27, 2019 11:21 am

Oh dear! Oh dear! Oh dear!

I'm out. The REAL lawyers on Avcom have taken over :lol:
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Re: Getting rid of a tenant not paying rent

Unread post by MemyselfandI » Wed Mar 27, 2019 11:25 am

I had the same problem, simply gave him notice, two months, and then after the fourth month I told him, " I'm moving in on Monday !" Arrived with a truck of furniture and started moving in. He was gone within a week.
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Re: Getting rid of a tenant not paying rent

Unread post by Falafel » Wed Mar 27, 2019 11:36 am

Fact is you are on the back foot with a tenant, paying or not. That is why I sold my properties. Most of the advice above is untrue. What Jack said...

Beware the tenant who doesnt pay and even more the one who knows his/her rights. Aggression and unilateral moving in might work for a tenant who doesnt know what their rights are, but you might end up opening a can of worms if someone is aware of their rights and a few months rent is minor compared to the damage you may do to yourself.
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Re: Getting rid of a tenant not paying rent

Unread post by C Africa » Wed Mar 27, 2019 12:14 pm

Jack Welles wrote:
Wed Mar 27, 2019 11:21 am
Oh dear! Oh dear! Oh dear!

I'm out. The REAL lawyers on Avcom have taken over :lol:
Ok Jack so critique me.

1. You cancel the contract in terms of the provisions in the rental agreement which allows you to cancel based on non-payment.
2. Following this procedure, the person occupying your property is now an illegal occupant and there is NO CONTRACT for him to rely on.
3. Yes that illegal occupant is protected from EVICTION by the law, but the law does NOT provide this person with ANY other rights in terms of claiming any specific level of service of accommodation.
4. So now you are perfectly within your rights to make life as difficult for the person as you can (except denying him access to the property by locking the doors or something foolish).

So what's wrong?


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Re: Getting rid of a tenant not paying rent

Unread post by Fransw » Wed Mar 27, 2019 1:01 pm

Falafel wrote:
Wed Mar 27, 2019 11:36 am
Fact is you are on the back foot with a tenant, paying or not. That is why I sold my properties. Most of the advice above is untrue. What Jack said...

Beware the tenant who doesnt pay and even more the one who knows his/her rights. Aggression and unilateral moving in might work for a tenant who doesnt know what their rights are, but you might end up opening a can of worms if someone is aware of their rights and a few months rent is minor compared to the damage you may do to yourself.
:? What "damage"? And what can of worms are you talking about!...

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