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We leased out our property a few years ago, the tenant was…

Customer Question
We leased out our property...
We leased out our property a few years ago, the tenant was just renting untill the offer to our chase came into effect where they would continue to rent for a further 2 years and by the end of jan 2012 aquire a bond and begin the transfer process. They have failed to do this as well as defaulted in other areas of the offer to purchase agreement namely not paying the electricity bill for over 8 months. We have decided to begin proceedings to evict them from the property. The contract says we need to supply them with written notice of default and give them 30 days to amend the breach.
A few questions:
We have found that they are subletting a number of rooms out to tenants, we obviously don't want tenants in our house when we move back in, what are our legal standpoints regarding this?
How does one serve a written notice of default legally?
How soon after the 30 day period must they vacate the property?
Regarding the outstanding account of electricity,what is the easiest route to follow if they refuse to pay?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 2 hours by:
2/27/2012
Lawyer: GoldLaw,
 replied 6 years ago
GoldLaw
Category: Landlord-Tenant
Satisfied Customers: 1,697
Verified
Hi there and thank you for your question.

We have found that they are subletting a number of rooms out to tenants, we obviously don't want tenants in our house when we move back in, what are our legal standpoints regarding this?

Does your agreement of lease state that the tenant is not allowed to sublet the premises without your consent?

If it does, and they are subletting, then they are in breach of the lease agreement.

If it does not state that they are not allowed to sublet, then they are within their rights to sublet the premises.

How does one serve a written notice of default legally?

By written notice, hand delivered to the tenant, either in person, or stuck on the door.

How soon after the 30 day period must they vacate the property?

Immediately.

But they probably won't vacate, so you may need to apply to the Magistrates' Court in order to evict them. This is called a PIE application, and most attorneys would be able to assist you with that.

Regarding the outstanding account of electricity,what is the easiest route to follow if they refuse to pay?

If they don't pay, then you will unfortunately need to issue a summons against them there to recover any amounts due and owing.

You can read up here www.justice.gov.za/scc/scc.htm to find out more information from the Department of Justice's website.

You can see www.smallclaimssa.co.za for details on where to find a court near you and you can then institute the action.

If there is something more specific that you need clarity on, please continue in this same thread.

Good luck and best regards,


CaseLaw


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Customer reply replied 6 years ago
Thank you for the reply. Just a few things I need clarity on.
The subletting tenants, what is the method I need to follow to evict them as well, what kind of notice do they need?
In the offer to purchase there is no subletting clause so its just the mission of getting them to vacate as well.

In the offer to purchase expired at the end of January as they were supposed to have a bond organized by then, does this mean the offer to purchase has lapsed or do we still need to provide them with the written notice of default and allow them 30 days to raise a bond and pay the electricity?
Lawyer: GoldLaw,
 replied 6 years ago
Hi again,

The subletting tenants, what is the method I need to follow to evict them as well, what kind of notice do they need?

A simple notice to vacate by a certain date should be enough. You should hand deliver it to them, or pin it to the door.

In the offer to purchase expired at the end of January as they were supposed to have a bond organized by then, does this mean the offer to purchase has lapsed or do we still need to provide them with the written notice of default and allow them 30 days to raise a bond and pay the electricity?

It depends on the wording of the offer to purchase. It could be worded in a way that the offer would automatically lapse, or it could be worded in such a way that it would not automatically lapse and you would need to cancel it by written notice.

The offer to purchase may also have an extension period for the bond, but you will need to double check that. It may not...

If there is something more specific that you need clarity on, please continue in this same thread.

Good luck and best regards,


CaseLaw


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
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Customer reply replied 6 years ago
There is no extension granted on the offer to purchase.
I was thinking, as the offer to purchase has lapsed and they are effectively out of an agreement, perhaps I can use the existing offer to purchase and change it, escalating the monthly rate and purchase price dramatically, would this be an option for speedy recovery of the property or would serving the notice, waiting the 30 day period and obtaining the PIE from the courts be the more legal route?
Lawyer: GoldLaw,
 replied 6 years ago
Hi again,

No. Serve the notice, wait the required time period, then evict them.

Good luck and best regards,


CaseLaw
Ask Your Own Landlord-Tenant Question
Lawyer: GoldLaw,
 replied 6 years ago
Hi there again,

I hope that you understood the above advice and that it was useful? Do you have any further follow-up questions in this regard, or are you happy to accept my answer as it stands.

If you have a further question please ask it?

Regards


CaseLaw
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