Hi

A non-paying tenant occupy my property for the last 10 months and only pay the 1st months rent. After many phone calls and letters to the non-paying tenant, we were advise by the non-paying tenant to go the legal way. As she had a history of not pay her rent and her previous landlord paid her to vacate his property, we thought the law will protect us!!! After months of courtcases,frustration and money we reach a settlement. An eviction order was granted by the court for 28/01/2010, 3 months for her to make arrangements. She needs to pay her rent on 1/12/09 and 1/01/2010. If not, the eviction can take place with immediate effect. She paid her rent on 02/12/2009 but on 05/01/2010 she advise our attorney that she can not pay her rent for January 2010. Our attorney advise her that she agreed to the settlement and that the eviction will take place. On 14/01/2010, after 1 week waiting for a sheriff as the sheriff's offices in Bellville closes down and all sheriff's were retrenched and need to be reinstated at offices in Goodwood, the eviction took place. On 15 January 2010 at 18:00, while the new tenants move in, a sheriff deliver a Interim Court Order and advise us infront of the new tenants and our underaged children to immediately leave OUR premises and handed over the keys to the non-paying tenant. At 18:00 on a Friday night there is no one who can help me and I need to find alternative housing for my new paying tenants, who also had a underaged child. The Court granted the Interim Court Order without informing or hear our side of the story and without any payment for January. How can 1 court order overide another court order without both parties present.

Is this action legal? Are there anybody who can help me, I feel very strong that the Government should be held responsible for the homeowners losses as the tenants misuse the PIE act. In our economical state, this happen more often and we will loose our properties.