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Home » "Tenant from Hell" Stories » Early termination of 1 year Lease

Stories which will frighten even the most hardened agent.
2010/03/31 11:21:03 AM

glevit00
glevit00
Posts: 1
We have a tenant who has renewed his lease for a further year, terminating on 31 January 2011. He has now approached the owner saying that he will be moving out 31 May 2010. As he has signed a legal and binding document and there is still 8 months of the lease period after he vacates,what are the tenants obligations?

Do we notify him that he will be liable for the rental until such time as a suitable tenant has been found? What do we do in this case?

Thanks
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2010/04/11 12:09:48 PM

2ballover1
2ballover1
Posts: 1

hi there i have a landlord that has given the tenant 30 days notice at the tenants request because he found out that his wife from russia was married to someone else from russia that was living in the apartment with her. the tenant who signed the contract wants nothing to do with them and so the body corporate has asked them to leave as the wife and 2nd husband are illegally in south africa. how can one evict them as soon as possible?
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2010/04/17 02:47:56 PM

Marlon Shevelew
Marlon Shevelew
Posts: 73
With regards to the tenant whom has given premature notice, whilst you are entiled to hold him liable until a suitable tenant has been found it is imperative that you do your best in attempting to mitigate your loss as well and be able to prove your attempts to secure an alternative tenant.

An alternative route would be to consider his attempt to terminate the lease to be a breach of the lease, which breach you reject and force him to stick to the agreement.

I would suggest you see an attorney to discuss the latter option.

Regards

Attorney Marlon Shevelew

marlon@marlonshevelew.co.za
www.marlonshevelew.co.za

--
Marlon Shevelew
Specialist Landlord / Tenant law Attorney / Consumer Protection Act expert
and National Legal Advisor to TPN

www.marlonshevelew.co.za
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2010/04/29 02:15:46 PM

Chappy
Chappy
Posts: 1
Hi, what is the procedure to evict a tenant? The Tenant has already acknoledge that he owes me money for rent in form of an affidavit from the police station, is that enough or should i also obtain AOD letter?
after the eviction what is the procedure to recover the oustanding rental money.
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2010/05/24 06:21:47 PM

Marlon Shevelew
Marlon Shevelew
Posts: 73
An AOD will only regulate repayment of the rental and any other charges. An eviction applicaition however needs to be launched to get the tenant out.

Regards

Marlon

www.marlonshevelew.co.za

--
Marlon Shevelew
Specialist Landlord / Tenant law Attorney / Consumer Protection Act expert
and National Legal Advisor to TPN

www.marlonshevelew.co.za
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