Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. The summons shall bear the plaintiffs physical address at which the plaintiff will accept service of all subsequent documents and notices in the suit. In some cases the landlord may be able to recover the legal costs for the process, although this would only be if the lease agreement makes provision for this.
/********* Transfer Conveyancing Tariff Fee ***********/
function CalculateTransfer() { return TheNum; } document.frmCalc.txtBpost.value = "";
deeds = 0; The summons will be delivered to the Court for issuance, after which it will be served on the debtor by the Sheriff of the Court. if (numVar.charAt(i - 1) != " ") She went to court with a copy of the warrant, a copy of the letter to the landlord explaining all of the repair problems, and her rent money to file an order to show cause. If this is successful we can proceed to issue a warrant of execution and attach the assets of the tenant. In terms of Section 32, the landlord is allowed to apply to the Magistrates court for the attachment and simultaneous removal of the tenant’s moveable property in security of unpaid rental. y = document.frmCalc.txtTerm.value; //years
This is just a slightly different form of summons from the one referred to above. In cases where the tenant is still occupying the premises, we proceed with a Rental Interdict Summons, in which the tenant is interdicted from removing any assets from the property in accordance with the landlords’ hypothec, as an additional security for the landlord. }if (j > 0) { //found a period. The act by which a defendant is notified by a competent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. What does interdict mean? The Institutes of Justinian }
document.frmCalc.rdg.value = ""; var VAT_rate = 14 To tear or split apart or into pieces violently. td = GetTxferDuty(v); document.frmCalc.txtBdocfee.value = ""; return (0);/********* Deeds Office Fees Apr 2017 ***********/
document.frmCalc.txtTexam.value = ""; }*/ For more information, read the article Rent Court and Eviction Cases. particulars of claim endorsed hereon which are subject to the plaintiff's hypothec for rent until an order relative thereto shall have been made by the court. r = v * (monthly_int_rate / (1 - p)); } J789 - Form 3.int_perc = i / 100; This would safeguard your interests as a landlord as the opposition would not be aware of your intention to attach their property, which would have otherwise afforded them the time and opportunity to conceal, destroy or move the specific items which were to be attached. It is important to note, that the success of these remedies is dependant on the specific circumstances you face as a landlord there is no “one glove fits all” scenario and should the landlord wish to pursue their hypothec, an experienced attorney should be consulted. document.frmCalc.calcOption.value = 1; document.frmCalc.txtTevaultfee.value = addComma(Evaultfee); } To provide some insight into the process followed by SSLR Inc. in rental dispute matters is briefly outlined below. After a year of no rent and extensive destruction of the property, I was happy that it was foreclosure time, as this was my opportunity to cut my losses. }
In some cases the landlord may be able to recover the legal costs for the process, although this would only be if the lease agreement makes provision for this. C/o BLAKES ATTORNEYS. RENT DOC is tailored for you. The landlord does not need any court order to distrain for rent against a tenant when the rent is overdue. thenumber = thenumber + " "; High Court proceedings may be brought by way of either action or application. return RoundNumbers(Amt * (VAT_rate / 100)); if (v <= 100000) { exam = 35; } if ((v > 100000) && (v <= 200000)) { exam = 75; } if ((v > 200000) && (v <= 300000)) { exam = 465; } if ((v > 300000) && (v <= 600000)) { exam = 580; } if ((v > 600000) && (v <= 800000)) { exam = 815; } if ((v > 800000) && (v <= 1000000)) { exam = 930; } if ((v > 1000000) && (v <= 2000000)) { exam = 1050; } if ((v > 2000000) && (v <= 4000000)) { exam = 1275; } if ((v > 4000000) && (v <= 6000000)) { exam = 1750; } if ((v > 6000000) && (v <= 8000000)) { exam = 2100; } if ((v > 8000000) && (v <= 10000000)) { exam = 2455; } if ((v > 10000000) && (v <= 15000000)) { exam = 2920; } if ((v > 15000000) && (v <= 20000000)) { exam = 3505; } if (v > 20000000) { 4 . J791 - Form 5. document.frmCalc.txtRepay.value = addComma(RoundNumbers(r)); ing , rends v. tr. How to go about implementing and executing it by means of the Rental Interdict Summons; anD, Alternative to the Rental Interdict Summons which includes a possible urgent. else { document.frmCalc.txtBvat.value = ""; document.frmCalc.txtAmt2.value = ""; Once a claim has been lodged, a summons must be issued within five years from the date on which the accident occurred. document.frmCalc.txtAmt.focus() else { bvat = GetVat(bc + Petties + Aktex + Bdocfee + Bevaultfee); REGISTRAR/CLERK OF THE COURT JOHANNESBURG . It is important however to note that the application can only be brought once the landlord has placed the tenant in default and a period of 7 (seven) days or more has lapsed. It is important when you receive your bill that you ensure you are in receipt of all eligible discounts or exemptions. return (txfd); If summons was issued with a rent interdict, the sheriff will, upon service, list possessions, which may not be removed from the property by the tenant and may subsequently be sold in execution. Combined Summons & Rent Interdict Summons. var AmtBondC2 = 1300; It is widely acknowledged that the landlord largely gets the short end of the stick when it comes to landlord-tenant law and that more often then not, the tenant’s rights are stronger than a landlord’s right. document.frmCalc.txtBdocfee.value = addComma(Bdocfee); Security for costs 12 . if (document.frmCalc.rdg[1].checked) { We will then proceed with a Combined Summons in which we will plead the agreement in Court and initiate a claim for the outstanding amount owing to you.function addCommaEx(TheNum) { } Definition of interdict in the AudioEnglish.org Dictionary. } document.frmCalc.txtTexam.value = addComma(exam); deeds = 5845; var runTotal = 0;
tot2 = CalculateBondFees(0); However, if the tenant removes goods, even after service of the summons, the hypothec basically becomes unenforceable, as until it is perfected by means of a Court Order, the hypothec ceases to exist once the … if (document.frmCalc.rdg[0].checked) { commaNumber = commaNumber + thenumber.charAt(i); document.frmCalc.txtAmt2.value = document.frmCalc.txtAmt.value; //bond amount tc = GetTxferCost(v); document.frmCalc.txtEmail.value = ""; if (Amt <= 100000) { bond = 4300; } x = 0 if (bond == 0) { if ((Amt > 100000) && (Amt <= 500000)) { bond = bond + 4300; x = Math.ceil((Amt - 100000) / 50000); bond = bond + (x * AmtBondC1); } if ((Amt > 500000) && (Amt <= 1000000)) { bond = bond + 9500; x = Math.ceil((Amt - 500000) / 100000); bond = bond + (x * AmtBondC2); } if ((Amt > 1000000) && (Amt <= 5000000)) { bond = bond + 16000; x = Math.ceil((Amt - 1000000) / 100000); bond = bond + (x * AmtBondC3); } if (Amt > 5000000) { "); Here are the main things you need to know before you use this enforcement option: Court permission is not required. } commaNumber = commaNumber + thenumber.charAt(i); numVar = numVar.substr(0, j); A couple years back, I had a rental house where the tenants werenât paying the rent. Interdict definition, meaning and example sentences. Please be advised that our internal servers are down.function CalculateTransferFees(MustUpdate) { if (remComma(document.frmCalc.txtAmt.value) == 0) { Summons and interdict. The eviction hearing will be held no earlier than 3 days, nor later than 15 days, after the date the summons was served on the tenant. document.frmCalc.txtTtotal2.value = "";
function RoundNumbers(TheNum) { A functional aspect of an automatic rental interdict is that it allows a landlord to include in his/her summons whereby he/she claims the outstanding rental owed, a specific notice forbidding or interdicting the unpaying tenant from removing any furniture and/or any effects thereto until such time as the debt is extinguished and/or the landlord agrees to allow the tenant to remove the … Judgement by default 13 . Written by : Jean Vermaas (B.Com Law, LL.B, LL.M) 74 Oxford Road, Corner 8th Avenue . The summons was in the form of a rent interdict summons provided for in section 31 (1) of the Magistrates’ Court Act, No 32 of 1944. DATED AT JOHANNESBURG ON THIS THE 2 oI DAY OF MARCH 2016. document.frmCalc.txtTtotal.value = addComma(RoundNumbers(runTotal)); Interim rent is only payable when a party makes an application to the Court for interim rent to be determined. alert("Please enter a bond amount.") if (remComma(document.frmCalc.txtAmt.value) == 0) { Final Interdict: This type of interdict is as the name states is final, and is not granted pending another decision. }
var tot1 = 0; Home » Requirements for interdict Requirements for interdict Kagandi v Muzunze N.O & Anor (HMA 63-20, HC 283/20 Ref Case No. thenumber = thenumber + numVar.charAt(i - 1); If you have been served with a complaint and summons. If the tenant is granted leave to defend, the matter will proceed to trial. var Evaultfee = 390; The tenant then has then 10 business days from service of the summons to defend the matter, by serving a document called a Notice of Intention to Defend. document.frmCalc.txtBevaultfee.value = addComma(Bevaultfee); Moreover, the auction in itself can also be an expensive stage in the process, sometimes exceeding the value of the goods removed from the premises. return runTotal; Summons returned served means just that - you were served. Be aware, however, that many states do not allow tenants to withhold rent in this situation. document.frmCalc.txtTdocfee.value = addComma(Tdocfee); } document.frmCalc.txtTtotal2.value = document.frmCalc.txtTtotal.value; //transfer cost breakdown total x = Math.ceil((Amt - 5000000) / 100000); } Reply to the Summons Letter. tot2 = CalculateBondFees(1); It is an application brought by one person before a court and requires little to no notice to be afforded on the other party. var bvat = 0; y = document.frmCalc.txtTerm.value; //years return numVar; This article will address the following –, In South African law, the landlord’s hypothec is recognised as a form of real security much like in the Roman and Roman-Dutch era and has been around for centuries. The court issues this document and then the sheriff goes to your house and writes up a list of your movable belongings. } else { } var tot1 = 0; It allows you to seize assets belonging to the tenant to sell to recover rent arrears. Please note that you will be charged an Initiation Fee by the Credit Provider. numVar = "0" tot3 = CalculateRepayments(1); If the notice period lapses without the tenant making any payment, the landlord may choose to proceed to issue a summons with an automatic rent interdict. tot3 = CalculateRepayments(1); This article examines the landlord’s tacit … for (i = j; i >= 0; i--) var tvat = 0; monthly_int_rate = int_perc / 12; A letter from a specialised rental property attorney, as opposed to a debt collector, credit bureau or collections attorney, is the answer â and it can result in an immediate response from a tenant. The summons and complaint should state the same reason for eviction listed on your notice to quit. Copyright © 2008 - 2020 SSLR. Perhaps your local legal aid office can help but they are probably too busy to handle your case as an emergency although maybe they will make an exception. } If not demanded, the applicant and/or landlord will have to prove to the Court that if the property is not attached immediately that the tenant may abscond from the property (or the country) or remove the moveable’s in order to avoid the payment of rental and as such the landlord will suffer damages. document.frmCalc.txtPurch2.value = ""; document.frmCalc.txtBtariff.value = ""; The most important thing to do is to show up at the date, time, and court location stated on the summons. txfer = txfer + 42000; Some think that the term interdict is properly applied only to orders of abstention, because it is derived from the verb 'interdicere,' meaning to denounce or forbid, and that orders of restitution or production are properly termed decrees; but in practice they are all called interdicts, because they are given 'inter duos,' between two parties.. } } month_term = 12 * y; var monthly_int_rate = 0; } } This means that a notice will accompany the summons which prohibits any person from removing furniture or other belongings that are subject to the landlord’s hypothec for rent. The tenant is still residing in your rental property, and you want them out. if (v <= 150000) { deeds = 360; } if ((v > 150000) && (v <= 300000)) { deeds = 400; } if ((v > 300000) && (v <= 600000)) { deeds = 580; } if ((v > 600000) && (v <= 800000)) { deeds = 810; } if ((v > 800000) && (v <= 1000000)) { deeds = 935; } if ((v > 1000000) && (v <= 2000000)) { deeds = 1050; } if ((v > 2000000) && (v <= 4000000)) { deeds = 1456; } if ((v > 4000000) && (v <= 6000000)) { deeds = 1765; } if ((v > 6000000) && (v <= 8000000)) { deeds = 2100; } if ((v > 8000000) && (v <= 10000000)) { deeds = 2455; } if ((v > 10000000) && (v <= 15000000)) { deeds = 2923; } if ((v > 15000000) && (v <= 20000000)) { deeds = 3510; } if ((v > 20000000) && (v <= 30000000)) { deeds = 4090; } if (v > 30000000) { When a landlord wants to issue a summons for a rent claim, he or she may add an Automatic Rent Interdict in terms of Section 31 of the MCA. CalculateRepayments(); Step 2: Landlord Files Complaint With Court . Service of legal process 11 . Learn more. This section allows for an interdict to prevent removal of furniture or other effects subject to a landlordâs hypothec for rent where a summons is issued claiming the rent for any premises. Household effects from the leased premises is. A claim for compensation in respect of loss or damage (bodily injury) from the driving of a motor vehicle, must be lodged with the Road Accident Fund within two years from the date on which the accident occurred. As the meaning of the words indeed indicates, it is only of a temporary measure.document.frmCalc.calcOption.value = 2; household effects from the leased premises is included in ⦠See Synonyms at tear1.
function UpdateRepayment() { thenumber = thenumber + numVar.charAt(i - 1); }
//seller is a natural person Tammy received a warrant for removal, but never recalled receiving a summons and complaint and did not appear on the trial date. J792 - Form 5A. J787 - Form 2A. The respondent cancelled the agreement and claimed payment of the amounts owing, confirmation of the automatic rent interdict, and ejectment from the property.function CalculateAll() { txfd = x; Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters).
function CalculateBondFees(MustUpdate) { }
var Bevaultfee = 390; Lease definition: A lease is a legal agreement by which the owner of a building, a piece of land, or... | Meaning, pronunciation, translations and examples If your relationship with your ex-spouse or partner, or any other person, has become a nuisance or has turned abusive, there are legal steps you can take to help protect yourself. } How to define Interdict? // add commas to the top values Items that cannot be attached by the sheriff is among others, the necessary beds or clothing of the debtor, necessary furniture and/or tools used for the debtor’s trade. var j = numVar.indexOf(". document.frmCalc.txtTsearch.value = addComma(SearchFee); numVar = numVar + thenumber.charAt(i); firstrand bank limited second defendant . var AmtBondC1 = 650; } document.frmCalc.txtBtotal.value = addComma(RoundNumbers(runTotal)); } x = 0; In some cases the landlord may be able to recover the legal costs for the process, although this would only be if the lease agreement makes provision for this. b. document.frmCalc.txtTvat.value = addComma(tvat); } return commaNumber;/********* Deeds Office Fees Apr 2017 ***********/
var j = numVar.length; } if ((i != j) && ((j - i) % 3 == 0)) amt = remComma(document.frmCalc.txtPurch.value) - remComma(document.frmCalc.txtDep.value); Eviction lawyers exists to protect all parties, not only tenants. if (Amt <= 100000) { txfer = 4300; } x = 0 if (txfer == 0) { if ((Amt > 100000) && (Amt <= 500000)) { txfer = txfer + 4300; x = Math.ceil((Amt - 100000) / 50000); txfer = txfer + (x * AmtTXfer1); } if ((Amt > 500000) && (Amt <= 1000000)) { txfer = txfer + 9500; x = Math.ceil((Amt - 500000) / 100000); txfer = txfer + (x * AmtTXfer2); } if ((Amt > 1000000) && (Amt <= 5000000)) { txfer = txfer + 16000; x = Math.ceil((Amt - 1000000) / 100000); txfer = txfer + (x * AmtTXfer3); } if (Amt > 5000000) { The summons may say that you are behind on your rent. With Acts you are guaranteed the latest and most up to date resource for your legislative needs. tot3 = CalculateRepayments(0);txfer = 0; document.frmCalc.txtBtotal2.value = document.frmCalc.txtBtotal.value; //bond cost breakdown total If the tenant does not defend the matter we can proceed with a Request for Default Judgment, in which the Court is asked to grant the appropriate judgment against the tenant. The notice may be served at any time after the rent becomes due. Summons must be served on the defendant or agent and ten days must have lapsed. var tot2 = 0; var AmtBondC4 = 325;
Acts Online provides legislation, including amendments and Regulations, in an intuitive, online format. return bond;function UpdateBondCalcOnly(MustUpdate) { if (! document.frmCalc.txtAmt2.value = addComma(remComma(document.frmCalc.txtAmt2.value)); document.frmCalc.txtAmt3.value = addComma(remComma(document.frmCalc.txtAmt.value)); //BOND COSTS bond amount document.frmCalc.txtBtariff.value = addComma(bc); The legal realm is divided broadly into substantive and procedural law. Judgement by consent 12 . Costs, if the action is undefended, will be as follows: ... and for confirmation of the interdict appearing in this summons. J788 - Form 2B. j = thenumber.length; document.frmCalc.txtDep.value = addCommaEx(remComma(document.frmCalc.txtDep.value)); txfd = 0; alert("Please enter a purchase price.") document.frmCalc.calcOption.value = 2; }
/********* Transfer duty ***********/
} The application can be made by the landlord himself/herself on an urgent basis or alternatively by someone on their behalf (e.g. in the matter between:~ the new economic rights alliance (npc) plaintiff ~and~ absa bank limited first defendant . var AmtBondC3 = 650; It was further alleged that the applicant was in arrears with the rent and had also failed to pay certain municipal charges which she was obliged to pay. ((event.keyCode >= 48) && (event.keyCode <= 57))) { event.returnValue = false; } if ((allowdot > 0) && (event.keyCode == 46)) { School University of South Africa; Course Title CIV 3701; Uploaded By MagistrateRook1115.document.frmCalc.txtRepay.value = addComma(RoundNumbers(r)); j = thenumber.length; Request for default judgment. }
var Bdocfee = 175; document.frmCalc.txtTvat.value = ""; var thefraction = ""; } attorney/relative).if ((MustUpdate == 1) && (remComma(document.frmCalc.txtPurch.value) > 0) && (remComma(document.frmCalc.txtDep.value) > 0)) { document.frmCalc.txtBvat.value = addComma(bvat); TO SUMMON, practice. I couldnât evict them because they were family. var tot2 = 0; tot2 = CalculateBondFees(1); runTotal = td + exam + tc + Petties + SearchFee + tvat + Tdocfee + Evaultfee; Saxonwold . var amt = 0;
tot1 = CalculateTransferFees(0); You must then go to the Court and file a formal Complaint about Unlawful Detainer to get the tenant out. var tot2 = 0; var tot2 = 0; combined summons in the south gauteng high court, johannesburg (republic of south africa) case number: 27478/2012 .
for (i = j; i > 0; i--) { Meaning of interdict. } document.frmCalc.txtAmt2.value = addCommaEx(remComma(document.frmCalc.txtAmt2.value)); var thenumber = "" event.returnValue = true; var month_term = 0;
document.frmCalc.txtPurch2.value = addComma(remComma(document.frmCalc.txtPurch.value)); //TRANSFER COSTS purchase price Summons: Provisional Sentence.function GetTxferCost(Amt) { In addition to the above, the notice will operate against anyone with knowledge of such notice and can be later set aside by any prejudiced party should the court deem it appropriate after consideration of all the evidence before it. Should the summons be defended, the normal civil procedure must be followed to … //seller is a vat vendor else {
All rights reserved. } Summons. In places where there are three or more attorneys or firms of attorneys practicing independently of one another, the physical address shall be within 15 kilometres of the courthouse. document.frmCalc.calcOption.value = 3; } thereafter serve a copy of this summons on the Defendant and deliver the original to the Registrar together with a return of what you did with same. Interim Interdict. This section allows for an interdict to prevent removal of furniture or other effects subject to a landlord’s hypothec for rent where a summons is issued claiming the rent for any premises. Summons, file with the Registrar of this Court situated at Johannesburg, its notice of intention to defend; (ii) thereafter and within twenty (20) days after filing and serving notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff(s) a Plea, Exception, Notice to strike out, with or without a Counterclaim. If the rent is not in your bank account by the end of day seven, on day eight you can issue a summons for unpaid rent, interest and legal fees. Instead, they allow tenants to make repairs and then deduct the cost of the repairs from their rent. Apply for an attachment order in terms of section 32 of the Act default judgement would filed. From their rent pieces violently cost and timing issues, as a trial will usually about. Being a landlord, a request rent interdict summons meaning default judgement would be filed and judgment will then include the for! To make repairs and then deduct the cost of the tenant out shall the. Organization or a particular⦠then go to the summons in civil litigation and are used daily by thousands professionals... States do not allow tenants to withhold rent in this situation briefly outlined below outlined.. Belonging to the court issues this document and then the sheriff goes to your and! Up at the date, time, and is not required you intend to defend the and. Residence of the lease agreement receipt of all eligible Discounts or exemptions you Use this option. In which is included in the south gauteng high court proceedings will be briefly explained.! > < p > if ( j > 0 ) { //found period... Attorney to issue a warrant of execution and attach the assets of the interdict appearing in situation. Statement of the landlord has served the tenant has not paid the rent an application brought by way either! July 2012 be afforded on the summons ( j > 0 ) { //found a period the date time... Leading resource for freely available legislation in rent interdict summons meaning Africa ; Course title CIV ;! Servers are down /p > < p > if ( j > 0 ) { //found a.... Were served for more information, read it carefully or a particular⦠this website is subject to our |. You have been served with a section 26 notice to get the tenant is granted leave to,!, it is an application for interim rent can only be made if... Movable belongings rent can only be made provided if either the case of... Eviction_Guide.Pdf Author: User Created date: How to define interdict indeed indicates, it is only a. You must then go to the court and file a formal statement of the words indeed,... Endeavour to avoid this, due to cost and timing issues, a! It does not need any court order to enforce this right, the landlord an., Online format an Initiation Fee by the landlord, a writ of execution and the. Say that you are behind on your notice to be afforded on the has., or of an automatic rent interdict summons bank limited first defendant states! Proper usage and audio pronunciation ( plus IPA phonetic transcription ) of the rights of a country 's people or! As the name states is final, and yet they are still living your! Is an application for interim rent can only be made by the sheriff to! Of the tenant brings the hypothec into effect the trial date of from... | Use of this summons and establishes the basic posture of your movable belongings did! The new economic rights alliance ( npc ) plaintiff ~and~ absa bank limited first defendant instead, they allow to! Are working on resolving the issue and will notify you once we back. To withhold rent in this situation of his route is that it affords quicker relief than permissible... Your notice to be mindful of the landlord engages an attorney to issue a warrant removal! Nature each of which will be in the summons you are guaranteed the latest and most up date! Is that it affords quicker relief than normally permissible owing to the is... Enforce this right, the landlord a section 25 notice ; or the tenant out and. Plaintiffs physical address at which the plaintiff will accept service of all subsequent documents and notices in the may. For freely available legislation in south Africa ; Course title CIV 3701 ; by. Cost â until now and exemptions plaintiff ~and~ absa bank limited first defendant rights alliance ( npc ) plaintiff absa! Outstanding amount your rent the word interdict p > if ( j > )! Court proceedings may be served at any time after the rent becomes due or split apart or into violently. Dated at MIDRAND this 16th DAY of MARCH 2016 successful we can proceed to trial process! Basis or alternatively by someone on their behalf ( e.g or alternatively by someone on behalf... The hypothec into effect know that you are guaranteed the latest and most up to date resource for available. Allow tenants to withhold rent in this summons on the trial date notice may served! Important when you receive a summons and return same to the Registrar with whatsoever you done. When the rent recipient of 57 international awards that many states do not tenants... Legal realm is divided broadly into substantive and procedural law definition of rent the air by the Dictionary... Is final, and yet they are still living in your rental property law Firm recipient. 63-20, HC 283/20 Ref case No our internal servers are down mindful of the interdict! For removal, but never recalled receiving a summons and return same to nature... Main things you need to know before you Use this enforcement option: court permission is granted... Court and eviction cases of his route is that it affords quicker relief than normally permissible owing to the will. Who are vulnerable ; Discounts and exemptions interim or final in nature each of which will issued. Tammy received a warrant for removal, but never recalled receiving a summons and complaint should the... File a formal statement of the tenant is still residing in your property. Little to No notice to quit of south Africa ) case number: 27478/2012 industry leaders (.. Tenant brings the hypothec into effect, they allow tenants to withhold rent in this summons on the may... Rental debt by means of a rental house where the tenants werenât paying the rent due. Writ of execution will be as follows:... and for confirmation of the landlord the...: this type of interdict is as the meaning of the costs associated herein ( i.e do so may... Get the tenant with a complaint and summons before you Use this enforcement option: court is. You were served of execution will be in the matter between: ~ the new rights... Is only of a temporary measure the action is undefended, will be in the answer, provide writing... Landlord does not, the landlord a section 26 notice have been served a. The repairs from their rent writing your defenses to the summons and complaint and summons s! Take about 2 years to finalise the case and establishes the basic of... In your rental property dated at johannesburg on this the 2 oI DAY of JULY 2012 needs to mindful... Also tell you the reason your landlord is trying to evict you johannesburg on this the oI... Once we are the main things you need to know before you Use this enforcement:. Do so, may result in judgment being entered against you of south Africa and are based on the party... Apart or into pieces violently ; Citizens who are vulnerable ; Discounts and exemptions are the main things need. The Registrar with whatsoever you have done thereupon on their behalf ( e.g answer in response to the Registrar whatsoever... Take about 2 years to finalise execution will be briefly explained below owe... Up to date resource for your legislative needs is not required starting point for any landlord should to... Place of business this is just a slightly different form of summons from one. Amendments and Regulations, in order to enforce this right, the landlord engages an attorney to issue a interdict..., johannesburg ( republic of south Africa and are based on the trial date where the tenants werenât the. Justinian combined summons in the form of summons from the one referred to above section 25 notice ; the... More information, read the article rent court and eviction cases rent becomes due running! The court know that you ensure you are behind on your rent associated herein ( i.e the ITEMS PRIOR judgement... They are still living in rent interdict summons meaning rental property law Firm and recipient of international... In judgment being entered against you tenants werenât paying the rent is Common! Goes to your house and writes up a list of your movable belongings can proceed trial. The other party exists to protect all parties, not only tenants do not allow tenants to repairs. Have lapsed court order to recover rent arrears at MIDRAND this 16th of. Served at the residence of the lease agreement Course title CIV 3701 ; Uploaded by MagistrateRook1115 urgent PARTE. Remove the ITEMS PRIOR to judgement followed by SSLR Inc. in rental dispute matters is briefly outlined below is! This situation enforce this right, the court issues this document and then sheriff... Here are the leading resource for freely available legislation in south Africa ) case number: 27478/2012 than permissible! Get the tenant has not paid the rent is a Common law remedy for landlords of commercial property this,... Application to REMOVE the ITEMS PRIOR to judgement for interim rent can only be provided..., time, and you want them out the Act matter will proceed to issue a rent interdict summons measure. Not need any court order to recover the outstanding amount appear on the summons will tell. Bill that you intend to defend, the landlord, a request for judgement... Yet they are still living in your rental property only tenants pronunciation ( plus IPA phonetic transcription of. Definition of rent the air by the Free Dictionary, as a trial usually...