How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JJ Your Own Question

JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4466
Experience:  Admitted Attorney 17 years experience
18691375
Type Your South Africa Law Question Here...
JJ is online now
A new question is answered every 9 seconds

In our contract with our tenant we had a clause that if they

Resolved Question:

In our contract with our tenant we had a clause that if they failed to pay rent, we were allowed to remove items from the property to sell to make up for the loss. The tenant failed to pay rent for 2 months. We could not reach him by phone, email or registered mail. We visited the premises twice and no one was home. After notifying him by email and registered mail that we would enter the premises due to the fact that we could not reach them, we went to the premises and found the key of the house in the door(outside) with no one home. We took photos of this and had a witness. We entered the premises and found no one home and from the state of the contents of the fridge, it looked like no one had been there for a while. We removed most of the valuables and sent the tenant notice that they could pick up these items from us as soon as they paid the rent. We got no answer. Finally we gave final notice that they must vacate the premises and then suddenly got an answer. They moved out, but failed to honour the contract by not cleaning the premises and left all their junk inside. On 3 occasions we asked them to fetch their belongings and gave them 21 days each time to do so. It has now been 3 months since and we cannot reach them and they have not contacted us. Are we now allowed to sell their belongings? Can we still sue them for the amount in arrears which will not be covered by the income from the items recovered?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  dkaplun replied 1 year ago.

Dimitry K., Esq. :

Thank you for your question.

Dimitry K., Esq. :

Please permit me to assist you.

Dimitry K., Esq. :

If I may ask, in what state or locality are you located in, please?

Customer:

I am actually in South Africa, I was unsure why they sent my question to you being international, but hope you can still assist?

Dimitry K., Esq. :

Not a problem, your question appeared in the US categories, hence why I asked. Please give me a moment to transfer your question to the right category so that a licensed SA professional could assist you. Hold on, please.

Customer:

Thanks very much!

Expert:  JJ replied 1 year ago.
Hi and welcome!

My name isXXXXX you for giving me the opportunity to assist you.

There is no way that you legally will be able to sell these items. You literally have to go through the legal process of issuing summons, get a judgement granted and then a writ of execution issued. You then attach the items in your possession and then you can continue to sell the items.

As it stands now, you can be sued for the value of the items if they decide to do so. Only a court can order you to sell the items. Unfortunately, to get this done you have to go through the whole process.

This is probably not what you want to hear, but need to warn you in advance before the items in your possession gives you a false sense of security.

Please ask more if not clear.
Customer: replied 1 year ago.


Thank you very much JJ! If we cannot get hold of them in any way, how long are we supposed to hold on to the items if only then to ask them to fetch it?

Expert:  JJ replied 1 year ago.
Hi

You can serve papers at their domicile s address as stipulated in your agreement. The process can then go ahead as described above.
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4466
Experience: Admitted Attorney 17 years experience
JJ and other South Africa Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
< Last | Next >
  • http://ww2.justanswer.com/uploads/tumi65/2009-12-28_9197_BABA_I_FRIENDS_013.jpg PHINEAS MOTAUNG's Avatar

    PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
  • http://ww2.justanswer.com/uploads/emil102/2010-05-04_160842_IMG000806.jpg Emil's Avatar

    Emil

    Attorney

    Satisfied Customers:

    33
    BCom Law LLB, 3 years post article experience as attorney
  • http://ww2.justanswer.com/uploads/Lurine/2010-10-04_101308_LCP.jpg LCP's Avatar

    LCP

    Attorney

    Satisfied Customers:

    21
    BCom (Stell) LLB LLM
  • http://ww2.justanswer.com/uploads/KimGAtt/2009-11-04_164526_Profile.JPG K. Groenewald's Avatar

    K. Groenewald

    Attorney

    Satisfied Customers:

    19
    LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
  • http://ww2.justanswer.com/uploads/SA/SATOPLAW/2013-9-13_13566_IMG20130304WA000.64x64.jpg Shaie Zindel's Avatar

    Shaie Zindel

    Attorney

    Satisfied Customers:

    1052
    All areas of commercial and contract Law - specialist in property advice.
  • http://ww2.justanswer.com/uploads/IN/inciteadvisor/2013-9-5_193316_incitead.64x64.jpg inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Satisfied Customers:

    814
    B.Com LLB Registered Corporate lawywer
  • http://ww2.justanswer.com/uploads/AN/AntonSmith13/2013-2-21_17147_Snapshot.64x64.png AntonSmith13's Avatar

    AntonSmith13

    Attorney

    Satisfied Customers:

    45
    LLB, LLM, Cert. International Law Attorney with 12 years experience
 
 
 
Chat Now With A Lawyer
JJ
JJ
4466 Satisfied Customers
Admitted Attorney 17 years experience