Evicting A Tenant Without A Lease Agreement

But non-payment of rent is not the only reason why a commercial landlord must distribute his commercial tenant. When a commercial lease is established, the type of activity that is operated on the site is indicated and there will be clauses indicating that a derogation too far from the objectives initially envisaged results in the termination of the lease. Tenants or landlords can choose to terminate a lease for many reasons, but regardless of the reasons, both parties must act within the framework of the law. Simon Dippenaar and Associates are experienced eviction lawyers who ensure that the correct procedures are followed every step of the way. We will help with deportation decisions and hearings in order to achieve a satisfactory result. Call us on 086 099 5146 or send an email sdippenaar@sdlaw.co.za. It is important that a landlord never tries to kidnap a tenant himself. What a landlord can do is that a tenant you can live in the property without a rental agreement is qualified as a tenant by agreement. In these situations, there is usually an oral or written agreement between the lessor and the tenant. These rentals are often from month to month and can be terminated by both parties with a period of 30 days. And then, as is the case in the residential real estate market, there are commercial tenants who carry out illegal activities or who, even if they do not act illegally, do not comply with the terms of their lease – resulting in property damage that proves costly to repair when they prepare to attract new tenants to the building. First, you cannot take the law into your own hands. You need to follow the right process if you want the evacuation to be considered legal.

Whether or not there is a written lease, if a landlord allows someone to reside on real estate and accept rent, this is considered a de facto lease and is binding. In the Cash for Keys method, a landlord pays a flat fee to the tenant in exchange for their keys. Often, this method can encourage tenants who do not want to leave the property to withdraw more quickly. Whether you are buying real estate that is already leased to a tenant or inheriting a leased property, you now have a tenant with whom you have not entered into a contract. Unfortunately, it`s the definition of a contact that counts here. An oral lease is as legally binding as a written contract – the only problem is that any dispute that arises from it amounts to a simple argument `he said she said`, for which there is little or no evidence from both sides. But of course, many small businesses and start-ups would prefer to enter into shorter leases, simply because of the uncertainty that comes with setting up a new business. There are countless commercial tenants willing to accept commercial leases of less than five years, which can mean that many agreements between the lessor and the tenant are maintained as part of an oral contract. After filing, the court sets a hearing date and the commercial tenant then has 14 days to either file a defense against your claim or request an exemption from effect, which we have already mentioned in this article. .

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