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Ask WCLawyer Your Own Question
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Due to my salary not being paid as it should i wasnt able to

Customer Question

Hi due to my salary not being paid as it should i wasnt able to pay my full monthly rent I did pay though ...and I kept the water an electricity paid in Im being evicted for not paying or short paying what am i to do
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good evening

Has an eviction order been granted yet? Or is it only a threat of eviction at the moment?

Customer: replied 1 year ago.
Its only a threat still. No court order as yet
Expert:  WCLawyer replied 1 year ago.

How late are you? More than 20 business days?

Customer: replied 1 year ago.
Over the period of a year the amount owing amounts to R24k
Expert:  WCLawyer replied 1 year ago.

Okay, so it is not just one month that you are in arrears? You have either short paid or not paid over a period of a year?

Customer: replied 1 year ago.
Short paid ...
Customer: replied 1 year ago.
over a period of a year
Expert:  WCLawyer replied 1 year ago.

Did you receive a written notice that says that you are to remedy the default within 20 business days, alternatively the agreement will be cancelled and you will be evicted? The notice could be in an e-mail or even an sms. Does not have to be a formal letter.

Customer: replied 1 year ago.
i did recieve a notice
Expert:  WCLawyer replied 1 year ago.

And has the 20 days passed? If so, did they send you a notice informing you that the agreement has now been cancelled?

Customer: replied 1 year ago.
i have to be out by the end of this month
Customer: replied 1 year ago.
The moneys shoulb be paid by the off this month aswell
Expert:  WCLawyer replied 1 year ago.

I am afraid that you have very little options at the moment. There is but a finite number of things that you can do:

1. Pay the arrears and negotiate a new contract. Or negotiate a new contract where the repayment of the arrears is incorporated in the new rental amount. Whether this is going to work is going to depend totally on whether the landlord is going to accept your proposal or not.

2. You can decide not to move by the end of the month, in which case they will probably approach the court to obtain an eviction order. There is, unfortunately, precious little that you can do to defend this application, given that you have been issued with the notices as mentioned above and that you have not complied. Unfortunately, the reason for your non-compliance is not going to be relevant. You are then also going to be held liable for the legal costs of obtaining this application.

3. You can negotiate with the landlord on a date later than the end of the month by when you should be out.

4. You can move out by the end of the month. If the first or third option does not come off, then this would probably be the best option for you, since you would then save on the legal costs of the application for eviction.

I know that this is probably not the answer that you have hoped for, however, I hope that you can still get some value out of it. I try my best to provide you with a legally sound and accurate answer and however much it pains me, it is not always good news. Trust me when I say that I wish I could provide you with a more optimistic answer. If you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively

Expert:  WCLawyer replied 1 year ago.

The second option is probably going to enable you to stay an extra month or two in the property as this is the time that it takes to obtain a court order. You would, however, still be liable for the rent for those two months. So, that would give you some breathing room to find another place, but literally at the price of the legal costs.

Customer: replied 1 year ago.
Thank you..
Expert:  WCLawyer replied 1 year ago.

My pleasure. I am sorry to be the bearer of bad news. Kindly do not forget to rate.