Best Landlord & Tenant Lawyers in Sandton

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GMI Attorneys
Sandton, South Africa

Founded in 1987
200 people in their team
We truly add value and find solutions that work in the real world.GMI Attorneys is a medium sized law firm headquartered in Pretoria with a satellite office in Sandton and has been in existence in its current form since 1985. We specialise in top level Commercial Transactions, Commercial...
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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 Sandton, South Africa

Landlord and tenant law deals with issues related to rental properties and tenant rights in Sandton, South Africa. It involves a balance between a landlord's rights to earn a reasonable amount from their properties and a tenant's rights to a safe and suitable living space. The local law incorporates provisions from the Rental Housing Act 50 of 1999 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act).

Why You May Need a Lawyer

While some tenant-landlord disputes can be resolved amicably, others may require legal representation. Common situations include eviction notices, deposit disputes, repair and maintenance issues and rental agreement disputes. A lawyer can provide much-needed advice, help navigate complex legal systems, and represent your interests in court if necessary.

Local Laws Overview

Local laws in Sandton stress both landlord and tenant obligations. Landlords must provide a safe, habitable environment and cannot discriminate based on race, gender or religion. Tenants must pay rent on time and maintain the property. It's essential for both parties to understand their rights under the Rental Housing Act and the PIE Act, which provide specific provisions relating to issues such as evictions, unpaid rent, and property damage.

Frequently Asked Questions

What are my rights as a tenant?

As a tenant, you have the right to a safe and habitable living space, and to be given notice before a landlord enters your property. You have the right to a transparent lease agreement, setting out terms including rental amount, due dates and details of the property.

What are my obligations as a landlord?

A landlord is obliged to provide a safe, clean and habitable property. They have the right to receive rent and can evict a tenant for not paying, although this must be done in accordance with the PIE Act.

What is a fair eviction process?

Fair eviction follows the PIE Act process. This includes giving the tenant notice, applying to a court for eviction, and only evicting a tenant with assistance from the Sheriff.

When can I get my deposit back as a tenant?

According by the Rental Housing Act, a tenant's deposit should be returned, less any deductions for damages above fair wear and tear, within seven days of the lease ending.

Can a landlord increase the rental price during the lease agreement?

All changes to the lease, including rental price increases, should be in line with what's outlined in the contract. If not specified, a landlord is typically not allowed to increase the rent during the lease period.

Additional Resources

Several resources are available to aid landlords and tenants in understanding their rights and obligations. These include the Rental Housing Tribunal, which offers free services for rental disputes, and the Department of Human Settlements, which provides valuable information on housing laws and policies.

Next Steps

If any legal matters arise, one should consider hiring a lawyer. Start by researching and selecting a lawyer who specializes in landlord and tenant law. It can be beneficial to prepare a clear account of your situation, including any relevant documents, to assist the lawyer in supporting your case.

Lawzana helps you find the best lawyers and law firms in Sandton 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 Sandton, 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.