Hi There please can you advise, i have b...

Asked by [email protected] on 26-11-2020 11:57:20
Question posted in the Landlord Tenant Law category relating to Gauteng

Hi There 

please can you advise, i have been been in arrears with my rental and my landlord had his lawyer involved, and the lawyer issued summons which i never receieved or signed for. i have made all payments of the outstanding amounts but the lawyer still wants me to pay for summons fees which i never received or seen, lawyer fee( which were included in the amount that i have paid). and i wanted to vacate the property but had asked the ladnlord to use the deposit as last months rental (November) but i opted to stay till lease ends which the landlord is ok with that for me to just pay the december rental on the other hand the lawyer is wants to pay deposit, November rental and december rental. Shouldnt the landlord have a say as i have paid outstanding fees?

Answer to the Question

Posted by Att. Patrick on 28-11-2020 11:07:10

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.

You are only obliged to pay the lawyer's fees IF the summons is served and a judgment taken against you. Then, the fees are also about R1000 in total. So, if the lawyer wants you to pay more than that, say "no, show me a court order".

You need to listen to the landlord. If he says XYZ, then that's the story. Tell the lawyer that the landlord is telling you different.

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.

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