2009/07/09 04:24:23 PM gregg Posts: 1	First topic I am raising. Have a tenant that has not paid rent for July. Have issued LOD. The tenant verbally agreed to move out on Saturday, got back to the office to find a letter from the Department of Housing - Gauteng Rental Tribunal. This tenant has promised that a payment would be made every day since 1.7.09, not one promise has been fufilled. I know he is not going to pay but somehow he has the cheek to approach these guys. How much water does the verbal agreement hold? G
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2009/10/05 10:06:29 AM Micheal Posts: 3	It's been a year since they paid you a dime and you're just now taking action? You either have a heart of gold, or you're not the smartest tool in the shed. Most places would evict after missing one rent payment, take the deposit and take you to court. Get a lawyer and file for an eviction and judgement for past due rent / damages. Make sure you include that they pay your lawyer fees. Stilbaai Farms edited by Micheal on 10/8/2009
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2009/10/06 02:59:40 PM VAN VUUREN ATTORNEYS Posts: 14	Dear Sir/Madam With reference to your question we would like to offer the following advice: 1. A verbal agreement is still a binding agreement with some minor obstacles. The obstacles include the following: 1.1 One calendar notice is required to effect cancellation of a verbal agreement. 1.2 The terms of the verbal agreement will have to be presented by either oral evidence or Affidavit and are usually disputed by the tenant. Other than that the following will apply: 2. If no response is received from the tenant the legal process will be the following: 2.1 A cancellation letter will be sent to the tenant cancelling the lease. 2.2 A temporary (Rule Nisi) Order will be obtained from court. 2.3 Notice in terms of the prevention of Illegal eviction and unlawful occupation act will be served on the tenant as well as the local municipality. 2.4 Your attorney will have the opportunity to appear in court 14 days after these notices have been served. 2.5 The court will grant an Eviction Order and give the tenant approximately 1 calendar notice to vacate the premises. 3. The time period from beginning to eviction is approximately 2 months. 4. Legal costs for obtaining an eviction order range from R3000 to R7000, the account is taxed after the order is obtained and the majority of the costs will be claimed from the tenant. However you are still the responsible person for the legal account. 5. Should you have any further questions in this regard you are welcome to call our offices, regards Van Vuuren Attorneys, 012 361 9638
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