Getting rid of a non-paying tenant

**Skaaphaas** · 16-05-2022, 06:00

Originally Posted by 30.06

This topic has been covered extensively on Legal Talk South Africa. The tenant can be held responsible for your legal fees.

In theory, yes. And it will usually be on a lower rate than what you pay your lawyer. Say, 1/4 to 1/3 of it. And you’ll only get it at the end of all the proceedings, after the sheriff has sold all the tenant’s assets and have gotten enough from that to pay your outstanding rent AND the bill of costs.

**pblaauw** · 16-05-2022, 06:32

Originally Posted by Skaaphaas

In theory, yes.

Good luck, back in 2014 it cost me R13 000 to get rid of a tenant, only way was when the sheriff arrived and handed his girlfriend the paperwork that his assets will be taken. Sheriff was also not the smartest, but at least the tenant left the property. In an attempt to delay the proceedings the tenant did get lawyers to delay the process, that bought him a month until they notified my lawyer that they will no longer be representing their client (code for 'he did not pay us'). In the end I lost 5 months worth of rent, the legal fees, and had to do some minor repairs worth about another R6000.. Tenant is still at large today. Best thing I could do was list him on TPN (Tenant Payment Network).

**batman69** · 16-05-2022, 06:32

Originally Posted by 30.06

This topic has been covered extensively on Legal Talk South Africa. The tenant can be held responsible for your legal fees.

In addition to what Skaaphaas mentioned, bear in mind that no attorney in private practice is going to do your eviction case without payment in the hope that the tenant will pay the legal fees at the end of it.

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**oafpatroll** · 16-05-2022, 07:49

Originally Posted by pblaauw

Good luck, back in 2014 it cost me R13 000 to get rid of a tenant, only way was when the sheriff arrived and handed his girlfriend the paperwork that his assets will be taken. Sheriff was also not the smartest, but at least the tenant left the property. In an attempt to delay the proceedings the tenant did get lawyers to delay the process, that bought him a month until they notified my lawyer that they will no longer be representing their client (code for 'he did not pay us'). In the end I lost 5 months worth of rent, the legal fees, and had to do some minor repairs worth about another R6000.. Tenant is still at large today. Best thing I could do was list him on TPN (Tenant Payment Network).

My mother went through the same thing, twice. It seems rental properties are not for sissies.

**gary-t** · 16-05-2022, 08:09

A friend of mine paid a deposit and 1 month's rent for them to move elsewhere.

**Ds J** · 16-05-2022, 08:20

My wife does property consulting. Tip: work through proper agents. It saves a lot of drama because the agents' company does the footwork; they are supposed to sieve the tenants as well. And if any trouble arises it is their job to get the tenant out.

**oafpatroll** · 16-05-2022, 08:30

Because the law so completely favours the tenants there are people who do this repeatedly. Mate of mine had a tenant on his farm who only paid one month's rent and then stayed for 6 or 7. Knew every legal trick and when he and his family eventually moved on my mate found out that he had done exactly the same thing again.

**Skaaphaas** · 16-05-2022, 08:43

Originally Posted by gary-t

A friend of mine paid a deposit and 1 month's rent for them to move elsewhere.

That’s thinking outside the box!

**James1** · 16-05-2022, 11:41

Originally Posted by gary-t

A friend of mine paid a deposit and 1 month's rent for them to move elsewhere.

My advice would be to pay her to leave. I have a few friends who do rental for a living
It always works out much cheaper and quicker to pay them to leave. This really grinds me, but it remains the most efficient way with our current legal system

**Paul** · 16-05-2022, 12:57

Write to both tenants and inform them that due to the crime situation you have decided to fit new security doors to both properties, and that since work will commence next week, you need access to their premises. The good tenant will happily cooperate. The bad tenant will ignore you. On the appointed day fit the good tenant's security door properly and fit the bad tenant's door with the hinges the wrong way round ("Oops! We didn't have access so we couldn't check that the door opened properly").