Good day, I need urgent advice please. I...

Asked by Anonymous on 17-12-2020 06:53:04
Question posted in the Landlord Tenant Law category relating to Limpopo

Good day, I need urgent advice please. I was handed a summons for eviction from the home We have been renting over 3 years in Tzaneen with my husband and my 2 small sons as well as my mother for a certain time. We rent through an agency who I also worked for at the time of leasing the property and have always paid our rent, unfortunately my husband and I both lost our jobs towards the end of last year and has been very difficult to find employment again but thankfully my father was able to assist us and continued to pay our rent up to March this year which was our last payment as then the lock down was announced and my father was not able to continue sales as well as us not earning an income is the reason we have fallen behind. Our 3rd year lease ended end of August but end of February the rental agent sent an addendum to renew our lease with the rental amount being increased extremely high and we did not agree as due to our financial situation it was impossible and unfair. Our monthly rent is R7875 but was increased in March to                       R 11000.00 which we did not agree to as well as them being aware of our situation. We have not been able to resume paying the rent as it is extremely difficult to arrange the finances and my dad has also incurred his own debt due to lock down months and we are all battling. The summons was then given to us and I straight away went to the landlords and agencies attorney to explain my side of the story as I was not sure if the agency had kept them informed as I notified them every step of our situation we faced. I explained I understood we hadn't paid rent due to unfortunate circumstances but I disputed the increased amount. I was meant to be contacted with feedback from landlords on disputed amount and way forward but received nothing. Since the summons was given I have been in a traumatic state as I feel pushed in a corner with no one assisting me. I have been to legal aid numerous times and still nowhere,I saw magistrate and was told to seek legal aid and I needed not to worry as no eviction would happen on level 1. I had been to police back and forward to the clerk of court a few times,I enquirer with local attorneys for help or pro Bono advice but was turned down,I spoke to rental housing tribunal and they couldn't help and the sheriff came to take some of our items last week and said he's coming to take all our other things tomorrow despite us providing affidavits that the items listed are 3rd property claims as we are not the owners of the rest of our home goods. How can I stop the sheriff from executing taking our things on short notice as it's totally unfair as we have not had a judge here our side and are still without a lot of information regarding a plan for a way forward. Please help me please

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.