Tenant constraints are well experienced in dealing with tenant evictions when there is no tenancy agreement – and this has no impact on the speed or efficiency of our service. Distributing tenants without a lease is not uncommon and certainly not a problem for our eviction team. Tenants or landlords may, for many reasons, decide to terminate a tenancy agreement, but for whatever reason, both parties must act within the law. Simon Dippenaar and Associates are experienced deportation lawyers who ensure that the right procedures are followed every step of the way. We will help with deportation decisions and colleagues to get a satisfactory result. Call us on 086 099 5146 or by email sdippenaar@sdlaw.co.za. The real estate world creates many unique challenges that can be difficult to meet without prior experience. It can be difficult to know how to deal with new situations, from complex tax regulations to ever-changing rent laws. An exception is that you can give a 14-day message to finish the window to each tenant who does not pay the rent as agreed.
However, this scenario will soon change. The Unlabelled Rental Housing Amendment Act 35 2014 requires landlords to enter into a written lease and is just one of the rules that further protect tenants` rights and strengthen landlords` obligations. It is probably more common than you can expect the owners to find themselves without a lease/contract for a short-term lease. Although owners often start with the best intentions for many reasons, they may not be able to produce a signed copy of the contract. This may be due either to the fact that a party never signed the contract or to the fact that the original copy was lost over time. If you think the evacuation process would be slow or frustrating for you, consider whether the cash-for-keys method could help speed up the resolution of the problem on your land. As the tenant has paid you monthly rent per cheque, this is sufficient proof that the tenant is in possession of the property. Call Weishoff and Richards, LLC to meet with an experienced lawyer who can navigate the complex intricacies of the eviction law for you at (609) 267-1301 to arrange a consultation today. Visit our website for great blog post tips on topics such as estate planning and tax savings, and the latest information on legal statue changes! Or contact us here. First, you cannot take the law into your own hands.
You must follow the correct process if the expulsion is considered legal. Whether or not there is a written rental agreement, whether a landlord authorizes someone to stay on a property and accepts rent, this is de facto considered a rental agreement and is mandatory. Landlords and brokers will not be surprised to learn that every time a lease is granted to a tenant, a copy of the lease (ideally the original) must be retained. A lease creates rights and obligations and establishes them under a Shorthold Insurance lease agreement (`AST`). Entry into an AST promotes transparency and clearly establishes important contractual conditions such as the identity of the tenant, the rent to be paid, the property, when, how and by whom the rents must be made among other things.
