Please assist with eviction of our tenan...

Asked by ANDILE MOKOENA on 30-01-2024 16:36:12
Question posted in the Landlord Tenant Law category relating to Gauteng

Please assist with eviction of our tenants occupying the main house at our home.The house was initally rented to the family. We later learnt that they seperated and the husband left both ex wife and son in the house. He was still responsible for the payment.Their first lease aggreement was expired on 30th November 2022 and we renewed it for 3 months from December 2022 to february 2023. For the first time after renewing the contract we exprienced short payment but was later resolved. Hence we took a decision not to renew their second contract that ended in February 2023. We gave them a notification to terminate but they refused to sign.  The family pleaded for another contract and we agreed to give them a month to month contract based on good conduct regarding honoring payments.The initial rental amount was R5000.00 Which gradually went up to until the current rental amount which is R7800.00 by June 2023. The reason for this increase was based on market value of rentals in the erea for 3 bedroom house and was discussed and agreed with the clients.From March 2023 when contract ended, they never signed a new one becuase of their delaying tactics yet at the same time they were not paying as agreed. We tried to evict them several times with failure. They kept promising that they are looking for a new place to stay but never moved out to date.Problems escalated  and became since September 2023. At some point they owed R12000.00+, we kept pushing them to pay with difficulties. Until November when the ex husband's boss called and wanted to dictate terms of payment, bullied us and insisted on paying R2000.00 weekly. However, we did not agree but atleast settled for R3500.00 weekly and they did not honor that. They were managing R3000.00 when they could. At this point there is R1555.00 outstanding for December 2023 and they are not making arrangements for it. They failed to honor an existing arrangment to  pay by 29 December 2023.It is difficult to locate them on their phones until we drive to the rented property. Communication is currently through Hannes mother, which makes it diffult to communicate with them.This has been a dramatic lease agreement that we are of the idea that they should be evicted. We have reached a dead end with the clients. 

we gave them another notice in January for 2 months to allow them to look for alternatiives. They will be owing +R11 000.00 by 1 feb 2024.

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