Question posted in the Landlord Tenant Law category relating to Gauteng
Hi
My tenant has not paid 2 months rent and has got an interim protection order against me, which stopped me from serving breach of lease notices by hand and now I have the cost and time of going via the sherriff of the court. From some of the things she said in the passed I think she has done this to a previous land lord to complicate the eviction process.
How can I find out if she applied for a protection order before ?
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
I have absolutely no idea how you would find out if your tenant got a protection order against a previous landlord, unless you know which court it was in and you had the case number!
At any rate, it wouldn't make any difference. Your tenant's prior conduct is not one of the relevant factors which a magistrate will take into account when granting an eviction order. You need to make out a case for his eviction based on your own facts, not facts which happened in the past.
Once you've cancelled the lease, apply at the magistrates court for your tenant's eviction!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
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Message from the Customer
Thanks I have the eviction under control, the lease was terminated on the 1st, I gave her a calendar month notice and she is out of the fixed period of the lease, it was in the process of being reviewed.
I was more concerned about her interim protection order as I feel its frivolous and that she is using the law to stop me serving her notice, paying the rent (she used it as an excuse with the small claims court, it didn't hold) or inspecting the premises. Should I care if a final protection order is given ? What does it mean to me legally, its on its 3rd delay and eats up my time.
Martin
Message from the Attorney
Yes, you should care if a final order is granted, because a final order essentially amounts to a warrant of arrest which is granted, and then given to her, that she can use whenever she wants in order to get you arrested! She can just go to the SAPS and tell them that you breached the final protection order, and they will arrest you on criminal charges!
It's NOT a good thing to have against you.
No, you must fight the granting of the final order and explain the whole background situation to the magistrate and tell them that you are defending yourself, and that you never harassed her or anything like that so there is no grounds for an order.
Answer Accepted
Message from the Customer
giving this women a warrant for my arrest on criminal charges would be insane.
Martin
Message from the Attorney
Exactly!