I was one month in arears with my busine...

Asked by Johan on 14-12-2021 09:08:43
Question posted in the Malpractice Law category relating to Western Cape

I was one month in arears with my business premises rent. The owner then went to chain up my shop on 1 Nov 2021. He demands 3 months rent now to get access to my shop. Am I still responcible for the rent for Nov and Dec? He did not give notice to enter my shop so was basicly trespasing? 

Message from the Lawyer

Posted by Att. Patrick on 27-12-2021 10:26:24

Technically you are obliged to continue paying the rent for your premises in accordance with your lease agreement, but if the landlord has locked your premises and refuses to give you access, then you can similarly refuse to pay for the rental. 

If your landlord wants his rent then he must give you access.

But what about all of your stuff inside the premises. Don't you need that still?

He also can't simple lock your premises up. He can only do that with a court order, which he doesn't have. So he has acted illegally and you can apply at court to get access back if you wanted. But then you would need to pay rental.

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