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South Africa Landlord & Tenant Legal Questions answered by Lawyers

Browse our 5 legal questions about Landlord & Tenant in South Africa and the lawyer answers, or ask your own questions for free.

Can we evict tenants of our property if it is sold?
Landlord & Tenant
Hello:Under Philippine law, the rights of both the property owner and the tenants are governed mainly by the Civil Code and the Rent Control Act (if applicable depending on the rental amount). Since you mentioned that the tenants are not paying rent or deposit, they are already in breach of their lease contract. In such case, you have legal grounds to demand their eviction.a.) Non payment of rent is one of the valid causes to eject a tenant under Article 1673 of the Civil Code. The law recognizes the owner’s right to repossess the property once the lessee fails to comply with his obligation. b.) Even if you sold the property, the new owner generally respects the lease if it is valid and binding. However, because in your situation there is no payment of rent, you or the buyer can institute an ejectment case (unlawful detainer) before the Municipal Trial Court to legally remove them.c.) Since you already gave them notice but they still refuse to vacate, the remedy is to file an ejectment case in court. Self help or forcibly evicting them without a court order is not advisable as it may expose you to counterclaims. We at Recososa Law Firm handle these kinds of cases regularly. We can assist you in preparing the demand letter, filing the unlawful detainer case, and representing you until you legally recover possession of your property. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet or Zoom call, or you may visit our office physically. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you can also call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook page and Google page below. This will surely inspire us to do more of this here:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/review Facebook Page:https://www.facebook.com/RecososaLawFirm Sincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp:   +63-917-504-6510
Does my landlord have a right to give me a two weeks notice because I paid my rent late?
Landlord & Tenant
It is wrong. Contact me ASAP via mail paulohimatt@gmail.com or call/Whatsapp 08089901606
Eviction appeal
Landlord & Tenant
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About Landlord & Tenant Law in Randburg, South Africa:

Landlord & Tenant law in Randburg, South Africa, governs the rights and responsibilities of both landlords and tenants in rental agreements. This area of law covers issues such as lease agreements, rent payments, maintenance responsibilities, and eviction procedures.

Why You May Need a Lawyer:

You may need a lawyer specializing in Landlord & Tenant law in Randburg if you are facing issues such as lease disputes, eviction proceedings, maintenance disputes, or breach of contract. A lawyer can help protect your rights and ensure that you are treated fairly under the law.

Local Laws Overview:

In Randburg, South Africa, the Rental Housing Act of 1999 governs many aspects of Landlord & Tenant relationships. This act regulates issues such as rental agreements, rent increases, deposit refunds, and eviction procedures. It is important to familiarize yourself with these laws to ensure that you are acting within your rights as either a landlord or a tenant.

Frequently Asked Questions:

1. Can a landlord increase the rent whenever they want?

No, a landlord can only increase the rent after giving proper notice as required by the Rental Housing Act.

2. What rights do tenants have regarding repairs and maintenance?

Tenants have the right to live in a safe and habitable property. Landlords are responsible for maintaining the property in good repair.

3. Can a landlord evict a tenant without a valid reason?

No, landlords must have valid reasons, such as non-payment of rent or breach of lease terms, to evict a tenant.

4. What is the process for ending a lease agreement early?

Both landlords and tenants must follow the terms of the lease agreement regarding early termination. If there is no provision for early termination, both parties must come to a mutual agreement.

5. Are there limits to how much a landlord can charge for a security deposit?

Yes, landlords in Randburg are limited in how much they can charge for a security deposit, usually one month's rent.

6. Can a landlord enter a rental property without permission?

Landlords must give proper notice before entering a rental property, except in cases of emergency.

7. How can a tenant report a landlord for unsafe living conditions?

Tenants can report unsafe living conditions to the local housing authority or seek legal assistance from a lawyer specializing in Landlord & Tenant law.

8. What happens if a tenant refuses to pay rent?

If a tenant refuses to pay rent, a landlord can take legal action to evict the tenant for non-payment.

9. Can a landlord withhold a security deposit for any reason?

Landlords can only withhold a security deposit for specific reasons, such as damage to the property beyond normal wear and tear.

10. How long does a landlord have to return a security deposit after the end of a lease?

Landlords must return a security deposit within a reasonable time, usually within 14 days of the end of the lease.

Additional Resources:

For more information on Landlord & Tenant law in Randburg, South Africa, you can contact the Rental Housing Tribunal or seek legal advice from a qualified attorney specializing in this area of law.

Next Steps:

If you are facing legal issues related to Landlord & Tenant in Randburg, South Africa, it is important to seek legal advice from a lawyer with expertise in this field. A lawyer can help protect your rights and guide you through the legal process.

Lawzana helps you find the best lawyers and law firms in Randburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Landlord & Tenant, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Randburg, South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.