Good afternoon, trust you are well. I ne...

Asked by AnandiD on 20-11-2020 15:06:44
Question posted in the General Law category relating to Gauteng

Good afternoon, trust you are well. I need your advise please. We fell behind on our rent in July and August. We paid for September and October and moving it won't be a problem paying. We just went through a rough patch. We have now tried to make a payment arrangement of a R1000 extra a month to pay off the arrears but they don't want to accept that. The agency is threatening to cut our power and evict us. They still have our deposit and the outstanding balance is R12 200.00 that we want to pay off monthly as that is all that we can afford for now unless we find some other solution to catch up. Can they evict us even if we are trying to make an arrangement with them to fix things and pay off the arrears? Please help.

Answer to the Question

Posted by Att. Patrick on 23-11-2020 11:33:52

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.

It is illegal for the landlord to cut your power / water. If they do, you must apply for a spoliation order at the Magistrates Court to have it turned back on immediately. 

If you are in arrears, and you can't reach an agreement with the landlord, the landlord can cancel your lease and then evict you. But they have to cancel the lease first. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.