In South Africa, the number of defaulting renters is increasing along with the demand for residential rentals. Marlon Shevelew, an attorney and expert in rental properties, claims that a rising number of South Africans are skipping rent payments as a result of the country's weakening economy, interest rate increases, and the pandemic's lasting effects on jobs and income.
Shevelew and Marina Constas, a specialist in sectional title law, discuss difficulties with residential rentals. Shevelew claimed that the main problem in the rental property industry is non-paying renters, and his company conducts about 40 home evictions every month. The second major issue he brought up was landlords who are overly "robust" and swiftly sue or remove delinquent tenants. "This is not the best first step to take. It takes money to sue and evict someone. The expenses you have to pay your attorney won't be awarded to you by any court. Landlords should be aware that negotiation may be smarter," he emphasised.
Contrary to common belief, Shevelew pointed out, it is feasible to remove renters. "It is challenging. It requires much documentation, and your application needs to be correct. The eviction process begins with a demand letter before any court documents are created. Whether the renter is a natural person or a legal organisation will influence how long is allowed under this letter of demand. You can effectively get an eviction order if the law is strictly followed and the lease is legally ended. It may take a judge some time to issue you that court order, but it is doable. There are several criteria that will be taken into account, including if the renter has alternative housing, he added.A sectional title complex adds additional complexity to the landlord-tenant relationship, involving not only the property owner and tenant but also the body corporate and trustees. In complexes, issues with tenants include not just non-payment but also their failure to comply with the rules.
Constas, a director at BBM Law, admonished landlords of sectional title units to exercise extreme vigilance and comprehensive tenant screening since they will be held accountable for the actions of their tenants and may be required to pay the associated costs. "The owner is ultimately responsible for a sectional title complex. The property owner is accountable for ensuring that the regulations of the complex are followed by his tenants, their staff, family members, and visitors.
Many South Africans are choosing safe, inexpensive rental houses in sectional title projects as a result of the country's economic difficulties, growing crime rates, and unemployment. Investors are taking advantage of the trend, but they frequently lack awareness of the difficulties in renting out property under a sectional title plan. Constas says that a body corporate and a renter have no legal ties to one another. This implies that the owner would be held accountable for any violations or misbehaviour. You would be immediately responsible to the body corporate for the costs of fixing the main gate, for instance, if your tenant's intoxicated guest caused it. Although the body corporate will make a claim against you directly, you may have legal remedies against your renter and their guest. A body corporate is not permitted by South African law to evict a renter.
Constas claims that some overzealous trustees have approached her and requested permission to interview potential renters, although this is both inappropriate and against the law. "I suggest that the conduct rules of a complex contain a section indicating that a landlord must attach these rules to the lease as an addition and that the renter is obligated to abide by the complex laws. In this method, if his renter breaks the terms, the landlord might claim that the lease has been broken.
While screening tenant applications for owners, including conducting credit and background checks, is frequently the responsibility of rental brokers. Rental agencies must make certain that the information they provide to tenants is accurate and compliant with the law. Knowing your renter is a good way to prevent your rental property from being a pain in your and the body corporate's side, especially in the context of sectional title living.
The Rental Housing Tribunal is empowered to handle disagreements, grievances, or issues between tenants and landlords in rental housing dwellings:
- Non-payment of rentals
- Failure to refund the deposit
- Invasion of tenant’s privacy, including family members and visitors
- Unlawful seizure of tenant’s goods
- Discrimination by landlord against prospective tenants
- The changing of locks
- Lack of maintenance and repairs
- Illegal evictions
- Illegal lockout or illegal disconnection of services
- Damage to property
- Demolition and conversion
- Forced entry
- House rules
- Intimidation
- Issuing of receipts
- Municipal services
- Nuisance
- Overcrowding and health matters
In terms of section 13(13) of the Rental Housing Act 50 of 1999, a ruling of the Tribunal is deemed to be an order of a Magistrate's Court in terms of the Magistrate's Court Act, 1994.perty does not become a thorn in your side and in that of the body corporate.”
All information obtained from: https://www.property24.com