2009/04/15 10:30:28 AM linsam Posts: 4	I bought a propert on sheriffs auction and in terms of the sale agreement I have to honour any lease in place. I went to the property and found that there were people in occupation, who informed me that they were relatives of the owner, did not have a lease, and were not paying rental (all of which I have on tape). I spoke to the gentleman, who claimed to be the owners brother, and said I was willing to enter into a lease with him for R6000 a month. He declined and said that he could only afford R3000 (for a 4 bedroom house on 1 acre!). He also informed me that he had only just moved in from his own house in Maraisburg, which he had leased out for R5500 a month. I left a copy of the sale agreement with him, and on the 1st of the next month handed his wife a letter which again asked if anybody was in occupation in terms of a lease agreement, written or verbal - to provide me with a copy of a written lease - and to make rental payment to me and gave my bank details. I handed a copy of this letter to 3 gentlemen who claimed to work for the tenant and that they were staying there rent free. I attached a copy of this letter to every external door - and took photographs as proof. When I did not receive any response, I visited the property again and handed out letters to all present, and attached a copy of the letter to all external doors giving all occupants 60 days to vacate the property as I would be taking occupation. I spoke to both the tenant and his wife (taped evidence available) confirming that they did not have a lease, would not sign a lease, and would be moving out at the end of April. I have now received a lawyers letter, enclosing a lease agreement which was supposedly signed in July 2008 (although on the tape they state that they took occupation in December, which was confirmed by the neighbour) at a rental of R3000 for 2 years. This lease is clearly fraudulent - and I have people expecting to move in at the end of the month. Any suggestions on what I can do? I will be laying charges of fraud against them, but am I able to cut of their electricity in order to get them out? Please help as I am desperate and time is running out.
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2010/01/21 11:13:24 AM Salmon Wentzel Posts: 2	For some unknown reason, if any questions regarding evictions are ask, everybody are dead quiet!!!! In my case not even an eviction order can get rid of my tenants!!!! She went to the Magistrate the very next day and ask for a "spiolation order". That same day the Sheriff order me to give the property back to the tenant. This is not an easy path, but I will do everything in my power to stop the misuse of the law and landlords. Any help would be highly appreciated!!!!
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2010/01/21 05:54:40 PM Marlon Shevelew Posts: 73	Salmon. In reference to my previous post, I suggest you take advices from your attorneys as to the issues at hand. As to the issue of the fraudulant lease, please feel free to drop me an e-mail and I will try my best to give you some guidance. Regards Attorney Marlon Shevelew marlon@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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