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Can I still collect rental during eviction proceedings?

Frustration caused a landlord to be evicted from her own home.

Q

Hi, my tenant has been in breach of our contract for a while now. I have put the tenant on terms but the tenant has neglected to rectify. I have thus decided to go ahead and give the tenant notice to vacate. I would, however, appreciate your advice on the following points:

  1. Can I forward a notice to my tenant via Whatsapp?

  2. Once the lease agreement is cancelled after the notice period, am I entitled to take money paid by the tenant for rental?

  3. Similarly, if the tenant is still in occupation after the notice period, can and should I send the tenant monthly statements asking for rent?

Thank you very much for your assistance, I appreciate it – Rebecca

A

Good day Rebecca. Thank you for your questions.

  1. This depends on whether your lease agreement makes provision for Whatsapp. Should your lease agreement make provision for it we also suggest that you just confirm what was stated in the Whatsapp message via a registered letter and email.
  2. Yes, you are allowed to take the money. You just have to indicate that this will be allocated to the arrears and the lease agreement will not be reinstated. If you want to reinstate the lease agreement you have to do it formally.
  3. Remember, once you have cancelled the lease agreement you can no longer request rental, you will then only be entitled to claim damages for the tenant’s continued illegal occupation.

Got a burning question? Email mariette@hometimes.co.za and we’ll be sure to assist you


Answered by Elize Le Roux, managing director at Xpello, which offers eviction process and other property investment management.

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ungerermariette@gmail.com

Mariette Steynberg is a qualified economist with a post-graduate diploma in financial planning. She has enjoyed working on holistic financial plans for clients in various stages of life, as well as a development economist assessing the socioeconomic impacts of new developments. When she is not working, Mariette enjoys parenting her quirky, delightful toddler girl. Cloth diapering, Eskimo kisses and the importance of reading to your child are all causes close to her heart. Mariette is passionate about financial education and hopes to use the experience she has gained to share knowledge with HomeTimes’ readership. Her goal is to provide information that is implementable by everyone.

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