RENTAL COLLECTIONS
PRIVATE PROPERTY
This section refers to rental disputes over privately owned fixed property ( also referred to as immovable property).
Most disputes with which we assist clients with revolve around one or more of the following:
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Collecting outstanding rental; and
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Eviction of a Tenant.
Our approach to each of these disputes differ. Where possible we advise clients on how to approach a challenge they experience with a tenant themselves, saving them unnecessary legal expenses in the process. We also seek to advise our clients on how to limit the impact of similar disputes in future by taking preventative measures. This is normally entails background checks, collecting certain information, and including security clauses in their rental agreements.
GENERAL
Collecting outstanding rental
Collecting outstanding rental often goes hand in hand with an eviction application, which is dealt with elsewhere.
Most clients approach us for assistance to recover outstanding rental payments from non-paying tenants. The property in question is often mortgaged and the landlord's ability to service the mortgage is depended on receiving their rental payments promptly.
If you are such a property owner and depend on receiving prompt payments from your tenant, it is imperative that you address any delayed payment immediately. Unfortunately we often see that landlords wait too long before addressing outstanding payments - often with unfortunate consequences.
We assist landlords of both private and commercial property, and all though the legal process is similar, there are some important nuances to consider when dealing with commercial property.
The process of collecting outstanding rental is akin to the recovery of any other debt and, once a judgement has been granted, the challenge is the actual recovery of the money owed. We have extensive experience in collecting monies from runaway debtors through the streamlined processes we have developed over the years.
Collection Process
Although rental collection is essentially a contractual dispute, there are a couple of extra remedies available to landlords and property owners to secure their debts. After assessing the facts of your case, we determine the most suitable of these to your specific situation.
Two of the best remedies available to landlords and property owners are the following:
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an automatic rent interdict; and
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attachment of property in security of rent.
Both of these remedies is intended to secure the landlord's hypothec over all property situated on the leased premises. In terms of both these remedies, the tenant is precluded from removing any property situated on the leased premises and the landlord's judgment for arrear rental can be executed against the attached property.
By making use of these remedies, the landlord has a better chance of recovering the monies owed to him and his security remains in place even if the tenant vacates the leased premises.
Considering legal action?