PROFESSIONAL ASSISTANCE, BY QUALIFIED EXPERTS IN THE RENTAL INDUSTRY TO
- Draft and send ‘Cancellation / Notice Letters’ in accordance with the Consumer Protection Act, to defaulting tenants.
- Instruct / appoint an attorney, from our panel of specialized eviction attorneys, to summons the tenant for all arrear amounts that are due and payable in terms of the Lease Agreement. (NB: Kindly contact Landlord Legal to find out more about the process and the costs involved). This process does not form part of the standard legal assistance contract, but Landlord Legal will pay 20% of the landlord /owner’s legal fees if he / she decides to proceed with this process;
- Instruct / appoint an attorney, from our panel of eviction attorneys, to evict a tenant whose lease agreement was lawfully cancelled or is in unlawful occupation of the property after the appropriate letters / legal notices were sent out.
Landlord Legal will protect / indemnify a Landlord / Owner against all legal costs (advocate’s and attorney’s costs are uncapped), for an authorised attorney to obtain an eviction order against a tenant who unlawfully occupies the rental property in terms of this Legal Assistance Contract. (This includes Magistrates and High Court evictions.) If necessary, owners will only have to pay for the sheriff’s costs.
The Lease Agreement must be lawfully terminated as a result of:
- the tenant’s failure to pay the monthly rental, or any other material breach of the Lease Agreement.
- the tenant’s failure to vacate the rental property at the expiry of the Lease Agreement after receiving the appropriate legal notices that the contract will not be renewed. This includes the scenario where the tenant received a valid Notice to Vacate the property and refuses to do so without a valid defence.
NB: Landlords / Owners will not be able to appoint their own attorneys. Only attorneys on the Landlord Legal panel will be appointed.
AGENTS / OWNERS CONTRACTUAL OBLIGATIONS
- NB: NO CREDIT CHECKS NEED TO BE SUBMITTED TO LANDLORD LEGAL FOR APPROVAL
- Pay monthly amounts timeously.
- The non-payment of rent must have been without your authorisation.
- Supply Landlord Legal with proof, clearly indicating the tenant’s non-payment (statement).
- Supply Landlord Legal with the necessary documentation, including, but not limited to a written Lease Agreement and Letter of Demand / Notice letter.
- Cooperate and assist with any request from Landlord Legal as it becomes necessary to resolve the rental default and the legal processes that may follow.
- Failing to adhere to the above may result in this contract being cancelled with Landlord Legal and Landlord Legal NOT being able to assist you.
CANCELLATION OF THIS CONTRACT?
This contract will be cancelled if:
- The Landlord / Owner / Agency does not pay the agreed fees for two consecutive months;
- The Landlord / Owner / Agency provides Landlord Legal with 20 days’ written notice to cancel the contract;
- Landlord Legal provides the Landlord / Agency with written notice to cancel the contract.
- The Legal Assistance Contract fee is R198-00 (VAT incl.) per property per month, as negotiated with the Agency. It is non-refundable and subject to annual increase. This includes commercial and residential properties. The commercial protection is however limited to contracts where the monthly rental does not exceed R60,000-00 inclusive of VAT per month.
- You have a 3-month waiting period from the date of your first membership fee payment (tenant must be in good standing for this period) before Landlord Legal will commence with issuing any legal letters or to pay for any legal expenses. Alternatively, with prior consent, the waiting period can be waived if the tenant has not defaulted on his / her rental for the past 3 months.
- If you have an existing non-paying tenant and are not a member of Landlord Legal, contact Landlord Legal for a quotation to assist you with the eviction of such a tenant.
YOU SHALL NOT BE ASSISTED IF
- The lease agreement is not in writing.
- Any arrangement is made with a tenant without the consent of Landlord Legal.
IMPORTANT NOTES AND DEFINITIONS
- This legal assistance contract shall be governed by the laws and statutes of the Republic of South Africa.
- This contract cannot be ceded.
- The Landlord / Owner and / or the Estate Agency named on the contract will be responsible for the monthly payment.
- “Agency” is an estate agency registered with the Property Practioners Regulatory Authority that has been appointed by a landlord to manage his/her/its property.
- “Cancellation of Lease” is the lawful cancellation of a Lease Agreement by Landlord Legal, after the appropriate letters of demand has been sent out, and the tenant fails to rectify his/her breach timeously .
- “Unlawful Occupier” would be a tenant holding over after the Lease Agreement between him / her and the landlord was lawfully terminated by Landlord Legal.
- The “Landlord” / “Owner” is the registered owner of the leased property or an Agent / Property Manager appointed by the landlord or a tenant who, according to a Lease Agreement, has lawful consent from the owner of the leased property, to sublet the premises to a tenant for residential purposes.
- A “Tenant” is a legal person on the Lease Agreement who is the occupant of the lease premises and pays the monthly rent, as regulated by the written Lease Agreement.
- “Legal Expenses” are all legal fees charged by attorneys and / or advocates in respect of services rendered during the eviction process.
- “Lease Agreement” is a rental agreement between the Landlord or his Agent / Property Manager and an approved Tenant who is leasing the Landlord’s residential or commercial property. This agreement must be in writing, signed by both parties and has to come into effect before or on the date that a tenant has taken occupation of the leased premises.
- “Legal Practitioners” would mean both Attorneys and Advocates that are appointed by Landlord Legal, and who are on the Landlord Legal panel, to act on your behalf.
- “Legal Proceedings” would constitute the actions taken by an attorney to obtain a final eviction order against a tenant from a residential or commercial property after the Lease Agreement was legally cancelled, by Landlord Legal, and the tenant subsequently is holding over.
- “Holding Over” is when a tenant continues to reside in the leased premises subsequent to the lawful termination of the Lease Agreement by Landlord Legal as a result of the tenants’ failure to rectify his/her breach timeously.
- “Eviction”, is any eviction, High Court or Magistrates Court that falls under The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE, 5 June 1998) or commercial evictions. Evictions that fall under the Extension of Security of Tenure Act 62 of 1997(ESTA) will not receive protection from Landlord Legal.