Hi there My question is this:We are rent...

Asked by the Customer on 06-07-2020 13:10:43
Question posted in the Landlord Tenant Law category relating to Western Cape

Hi there My question is this:We are renting out our home, furnished. We have a prospective tenant who is honest about his poor credit record. Consequently he has offered to pay cash upfront. The lease will be for 3 months, and he will pay 2 months deposit (includes 1 month 'damages deposit'), so he will pay 5 months upfront. In the event he is unable to continue paying after expiry of the lease, how can we protect ourselves from him claiming Squatter rights and refusing to move out? He will be living here on his own, but he plans to make an arrangement to have his two underage daughters (14 and 16) live here with him, on a 'one-week-on, one-week-off' basis. It is a 3 bedroom home.  He is South African.Will we be entitled to take occupation of our own property after the lease expires if he is Squatting in the home?  In other words will we be legally entitled to move in and live in our property with him, if he doesnt pay and refuses to move out.thanksJeannePS YOUR WEBSITE IS VERY CUMBERSOME. I HAVE BEEN TRYING FOR HOURS TO SUBMIT THIS QUESTION. I KEEP GETTING BOUNCED OUT WHEN I TRY TO SUBMIT....

Message from the Attorney

Posted by Att. Patrick on 08-07-2020 21:26:00

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Q: Will we be entitled to take occupation of our own property after the lease expires if he is Squatting in the home? --> Yes, but you will need to do this though a court eviction procedure which could take between 6 and 9 months. It is just the risk that you need to accept if you want to rent out your house! It might take a long time to get a defaulting tenant out. 

Att. Patrick

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