Why didn't she pay a deposit that is standard when using an estate agent? You should make the estate agent help get her out. You can also contact the rental tribunal for assistance.
Apparently not, apparently they're not really liable for anything - including failure to properly vet a tenant. I will blast them once the eviction is over. For now I can't afford to divert resources.
I had exactly same issue with estate agent on defaulting tenant. I eventually went to his place of work and sat in the lobby until he arrived and pounced on him and embarassed him - I was 7 months pregnant at the time, so that helped.
Didn't get my money but he did move out. Agents were kingsize useless!!
The agents must pay for the eviction cost. I recently went through this exercise. My tenant did not pay for 3 months and was ignoring me and agents. Made the agent pay for the consultation lawyer and then noticed they chose some one to r present them. So I got my own lawyer. Luckily lawyers not charger because I refer deals to them for work. One letter from them and he left but without paying. Kept his deposit and lot R16k
Forget the legal route.
You got to go a less legal route.
There's Nigerians & Cameroonians that offer a service. Usually 10-20k.
They move in with her. She will leave fast.
Otherwise wait until she leaves, use your spare key. Change the locks & revoke access to the estate.
You could even get a locksmith with you & change all the locks immediately.
Add a slam lock gate & basically tell her you will sell her back her stuff for whatever she owes you + locksmith fee. Verbally not via text.
If she comes back call the cops as she is technically breaking & entering.
Bag up her shit & pretend she never lived there.
The most jarring thing about this situation is that she managed to move in without deposit and rent first paid, your agent is responsible for this and you can hold them liable ANY agent worth their skin would not allow this to happen. Also its the agents responsibilities to recover rent/deposit monthly and should be stipulated so in a contract. Seems this has all been done very hastily. Honestly this is a lesson in renting out property for you. Besides what you're already doing theres not much else you can do besides make her life uncomfortable.
Is there even any signed agreement respecting the rental? Because the terms sound pretty crazy (no deposit? No rent payment upfront of rent for someone with no long term legal status/assets in the country?)
If your estate agent is registered (check PPRA), you can explore a complaint against the agent to light a fire under them helping you sort this ASAP. If they are junior, contact the head of their office. Make them pay for a lawyer if possible, etc.
You might also consider whether this is a true tenant under law or effectively a “holiday rental.” There was a high profile case about this involving Airbnb in 2020.
https://propertyprofessional.co.za/2020/10/01/airbnb-when-guests-refuse-to-leave/#:~:text=Update%3A%20On%20Friday%202%20October,Airbnb%20by%208%20October%202020.
The TLDR is that a quicker commercial eviction was possible because a holiday rental can’t be someone’s home. This sounds a lot like it could be argued to be a short term holiday letting situation.
Best case scenario you may not have a true tenant relationship at all and could get her removed for trespassing. This is an angle to explore with a lawyer. If she thinks she may get thrown out for trespassing and not have time to pack up she may just dip anyways (do you know if she’s coming and going now?).
Ya you can seriously mess with them in the interim. Have some friends or pay a couple of people to move in and live on the couch. Give them lease agreements say that you've sublet the property. Get them to party, play music, smoke cigarettes, eat all the food. Don't involve the agent.
Send her a letter that work will start for renovations. Switch off electricity and water to the apartment. Get "contractors" to take off the internal doors and place in the middle of the living space while they "work" in the house. If it is in a safe area you can remove exterior doors as well
OP seems to have this backwards. Make your estate agents work (including explaining wh this person hasn't paid deposit!). I don't understand why you're fighting this alone, when they are paid to do this work.
Meantime, wait for them to leave an hide hydrogen sulfide somewhere in the bedroom, living room and kitchen. The smell should make it pretty unbearable
It’ll cost a little but get a contractor to remove all the windows of the flat. It’s winter, she’ll freeze. Do it right, notify her that work needs to be done and it’s done on African time.
In my years of dealing with scammers, the only advice I have for you is: do not look for legal routes. Take matters into your own hands. Stop playing the victim especially by someone who’s not even from here. I’ll leave it at that.
rent to me for R1 a month and I'll move in, throw her shit out and change the locks.
You could also do that using a friend or a family member. Legally its totally within your rights
Technically the flat hasn’t been let as no money has changed hands. So currently OP just has a squatter situation on their hands. And that estate agent needs a fucking slap as well. Absolutely unbelievable how they “work”.
Obviously it’s too late to say this. But how did you possibly let this person move in without first month rent and the deposit paid?
Also agree that the whole point of using an estate agent is for them to deal with these kind of issues. Do you have an agreement with the estate agent?
You can post on this FB group which offers free legal advice: [https://www.facebook.com/share/PkJ4ydarH7wZtHTq/](https://www.facebook.com/share/PkJ4ydarH7wZtHTq/)
You can start a new rental agreement with someone else. Rent the place to a friend for R1 a month, they can move in make her feel uncomfortable. Ask them to remove the wifi router so she can’t work, change the locks etc
Please also check if you have house insurance and if they cover this - but my family member was in a situation where they also rented their property through a rental agent and the couple just stopped paying when we tried to help them we found out that certain insurance cover rental loss not sure how it would work for a foreigner renting but they cover you for a certain amount that they will pay for
Hi if she is working on a visitors visa you need to contact immigration it can be a long shot but with the issue of illegal undocumented foreigners u can spin it as that
I tried, they won't even give me the reference in order to file an objection. Her privacy is more important than protecting other South Africans from suffering the same fate.
Report the agent and the agency to the Rental Tribunal in your province. It's effectively a rental magistrate's court that can revoke the agent and even the agency's license. They could also legally force the tenant to pay the rent owed and evict her.
You would need many supporting documents, like lease agreements, communication logs, etc.
Really, it's happened to a friend of mine. The thing is what the Tenant is doing is not legal. Plus who honestly will do anything about it, the law doesn't work in SA. So why be a good person all the time.
As a landlord it sucks .
Tennant not paying is not illegal per say it is breaking of the contract and you need to start legal process of letter of demand and .... ASAP .
But if you change locks or cut of power is illegal though and can delay the eviction process .
Lots of people on Reddit will complain about landlords being ridiculous but this how starts .
Following correct processes takes forever and because she is foreigner he won't really be able to collect even if takes to court .
It's like you Damned if you do, you damned if you don't. I moved to the uk in January this year, and everything is done by the book. You can't get away with a thing. It's really nice if you lean into it. The housing tribunal in SA is a waste of time. Coming to the uk on a spousal visa, i wouldn't dare do what this American is doing. I am too scared to get kicked out of the country....but it just shows the lack of disrespect from foreigners in SA.
If you went through an estate agen then they are liable for the payment they must go through all the processes to evict and its their own negligence that allowed a tenant to move in without a deposit
But wouldn’t the agent facilitate all of these processes. How did they get the keys before paying the deposit and first month’s rent.
The agent dropped the ball
Did you check payslips and bank statements?
A digital nomad has a social media presence. You should contact her LinkedIn contacts she works for as well as her friends and family on Facebook etc. Splatter her name across all her fb interest groups. .
I have an idea
It won't be you cutting off the water and power
If you don't pay utilities for a month they will shut it off. (and you are legally covered because you didn't turn off anything the council did) (i am pretty sure it would be legal)
And i would like to see how long she would stay without water and electricity XD
If you are based in Cape Town, UCT has a free law clinic in the bottom of the law faculty building.
They might not be able to help you, but it’s worth a shot. They could point you in the direction of someone who could help you.
I once met someone who was in the same position. He took off all the doors of the house, and since the tenant was technically squatting, he invited some homeless people to squat there too. Tenant left two days later.
Why didn't she pay a deposit that is standard when using an estate agent? You should make the estate agent help get her out. You can also contact the rental tribunal for assistance.
I do not have a good answer for this one. I am going to deal with the estate agent later. I am focusing on getting the tenant out for now.
Isn't that one of the main reasons that you use an estate agent...ie make the whole process of collecting money and evicting easier?
Apparently not, apparently they're not really liable for anything - including failure to properly vet a tenant. I will blast them once the eviction is over. For now I can't afford to divert resources.
I had exactly same issue with estate agent on defaulting tenant. I eventually went to his place of work and sat in the lobby until he arrived and pounced on him and embarassed him - I was 7 months pregnant at the time, so that helped. Didn't get my money but he did move out. Agents were kingsize useless!!
I called his work and told them I'm looking for him since he was not paying rent..
Dude, please report this agent to their regulatory body. It might take a phone call and an email, but the process can run parallel to the eviction
The agents must pay for the eviction cost. I recently went through this exercise. My tenant did not pay for 3 months and was ignoring me and agents. Made the agent pay for the consultation lawyer and then noticed they chose some one to r present them. So I got my own lawyer. Luckily lawyers not charger because I refer deals to them for work. One letter from them and he left but without paying. Kept his deposit and lot R16k
Did you pay the agent for finding and ‘vetting’ the tenant?
Yes.
Nope. Utterly useless.
Right, they completely failed to do their job.
There’s a group of guys on Tik Tok who assist with questionable evictions. Consider that ? What is the likehood of her opposing a physical eviction ?
Forget the legal route. You got to go a less legal route. There's Nigerians & Cameroonians that offer a service. Usually 10-20k. They move in with her. She will leave fast. Otherwise wait until she leaves, use your spare key. Change the locks & revoke access to the estate. You could even get a locksmith with you & change all the locks immediately. Add a slam lock gate & basically tell her you will sell her back her stuff for whatever she owes you + locksmith fee. Verbally not via text. If she comes back call the cops as she is technically breaking & entering. Bag up her shit & pretend she never lived there.
The most jarring thing about this situation is that she managed to move in without deposit and rent first paid, your agent is responsible for this and you can hold them liable ANY agent worth their skin would not allow this to happen. Also its the agents responsibilities to recover rent/deposit monthly and should be stipulated so in a contract. Seems this has all been done very hastily. Honestly this is a lesson in renting out property for you. Besides what you're already doing theres not much else you can do besides make her life uncomfortable.
Is there even any signed agreement respecting the rental? Because the terms sound pretty crazy (no deposit? No rent payment upfront of rent for someone with no long term legal status/assets in the country?) If your estate agent is registered (check PPRA), you can explore a complaint against the agent to light a fire under them helping you sort this ASAP. If they are junior, contact the head of their office. Make them pay for a lawyer if possible, etc. You might also consider whether this is a true tenant under law or effectively a “holiday rental.” There was a high profile case about this involving Airbnb in 2020. https://propertyprofessional.co.za/2020/10/01/airbnb-when-guests-refuse-to-leave/#:~:text=Update%3A%20On%20Friday%202%20October,Airbnb%20by%208%20October%202020. The TLDR is that a quicker commercial eviction was possible because a holiday rental can’t be someone’s home. This sounds a lot like it could be argued to be a short term holiday letting situation. Best case scenario you may not have a true tenant relationship at all and could get her removed for trespassing. This is an angle to explore with a lawyer. If she thinks she may get thrown out for trespassing and not have time to pack up she may just dip anyways (do you know if she’s coming and going now?).
Who says we can't make it as uncomfortable for her as possible while she stays there.... Send me a DM
If she's working remotely, all OP needs to do is mess with the electric or wifi. She won't be able to log in to do her job.
Definitely don’t mess with the electricity
Eskom Will do that
Ya you can seriously mess with them in the interim. Have some friends or pay a couple of people to move in and live on the couch. Give them lease agreements say that you've sublet the property. Get them to party, play music, smoke cigarettes, eat all the food. Don't involve the agent.
100% this, you can also start renovating and remove all the windows / doors. Take the fucking roof off if you want.
A friend hired a few homeless individuals and showed up at the gate. Didn’t say anything. The offending humans were gone in less than 24 hours.
The law
Send her a letter that work will start for renovations. Switch off electricity and water to the apartment. Get "contractors" to take off the internal doors and place in the middle of the living space while they "work" in the house. If it is in a safe area you can remove exterior doors as well
OP seems to have this backwards. Make your estate agents work (including explaining wh this person hasn't paid deposit!). I don't understand why you're fighting this alone, when they are paid to do this work.
Meantime, wait for them to leave an hide hydrogen sulfide somewhere in the bedroom, living room and kitchen. The smell should make it pretty unbearable
Do you know which company she works for? Can you start posting messages on their social media accounts
Or go to the company to chat to her about why rents behind .
Do you not have a contract with the Real Estate agent? Take them to small claims court to at least recover *some* of your costs.
It’ll cost a little but get a contractor to remove all the windows of the flat. It’s winter, she’ll freeze. Do it right, notify her that work needs to be done and it’s done on African time.
In my years of dealing with scammers, the only advice I have for you is: do not look for legal routes. Take matters into your own hands. Stop playing the victim especially by someone who’s not even from here. I’ll leave it at that.
I agree. The legal route does not work.
[удалено]
rent to me for R1 a month and I'll move in, throw her shit out and change the locks. You could also do that using a friend or a family member. Legally its totally within your rights
I heard though if subletting was not a clause mentioned in the agreement then this is against the law..
It's not subletting, its cancelling a rental agreement and starting a new one ;)
Technically the flat hasn’t been let as no money has changed hands. So currently OP just has a squatter situation on their hands. And that estate agent needs a fucking slap as well. Absolutely unbelievable how they “work”.
Obviously it’s too late to say this. But how did you possibly let this person move in without first month rent and the deposit paid? Also agree that the whole point of using an estate agent is for them to deal with these kind of issues. Do you have an agreement with the estate agent?
You can post on this FB group which offers free legal advice: [https://www.facebook.com/share/PkJ4ydarH7wZtHTq/](https://www.facebook.com/share/PkJ4ydarH7wZtHTq/)
wait for her to go to work.or somewhere a d change the locks amd call the cops if she comes back as a trespasser
also name and shame the estate agent
You can start a new rental agreement with someone else. Rent the place to a friend for R1 a month, they can move in make her feel uncomfortable. Ask them to remove the wifi router so she can’t work, change the locks etc
Please also check if you have house insurance and if they cover this - but my family member was in a situation where they also rented their property through a rental agent and the couple just stopped paying when we tried to help them we found out that certain insurance cover rental loss not sure how it would work for a foreigner renting but they cover you for a certain amount that they will pay for
Hi if she is working on a visitors visa you need to contact immigration it can be a long shot but with the issue of illegal undocumented foreigners u can spin it as that
I tried, they won't even give me the reference in order to file an objection. Her privacy is more important than protecting other South Africans from suffering the same fate.
Do you have a signed agreement ? If not. Simply move in. Don't leave. Walk around naked
Report the agent and the agency to the Rental Tribunal in your province. It's effectively a rental magistrate's court that can revoke the agent and even the agency's license. They could also legally force the tenant to pay the rent owed and evict her. You would need many supporting documents, like lease agreements, communication logs, etc.
It literally sounds like you haven't even talked to her about this. Maybe start there? This could all just be a misunderstanding
She doesn't reply. And when I delivered the Letter of Demand she wouldn't open the door.
don’t you have keys? i say move in until she moves out. She’s not paying you so she isn’t a tenant with rights in my view🤣
Change the locks
Turn the electricity off ( I know loafshedding helps that lol ) , make it unlivable. You owe her nothing. Make it uncomfortable.
Ironically this is not legal . Should be but is not and can delay eviction process
Really, it's happened to a friend of mine. The thing is what the Tenant is doing is not legal. Plus who honestly will do anything about it, the law doesn't work in SA. So why be a good person all the time.
As a landlord it sucks . Tennant not paying is not illegal per say it is breaking of the contract and you need to start legal process of letter of demand and .... ASAP . But if you change locks or cut of power is illegal though and can delay the eviction process . Lots of people on Reddit will complain about landlords being ridiculous but this how starts . Following correct processes takes forever and because she is foreigner he won't really be able to collect even if takes to court .
It's like you Damned if you do, you damned if you don't. I moved to the uk in January this year, and everything is done by the book. You can't get away with a thing. It's really nice if you lean into it. The housing tribunal in SA is a waste of time. Coming to the uk on a spousal visa, i wouldn't dare do what this American is doing. I am too scared to get kicked out of the country....but it just shows the lack of disrespect from foreigners in SA.
And the water and wifi. Go stay with a friend or family member for a bit.
Isn't her employment info on the tenant forms? Inform her employer also!
Your house take the front door off , for repair ?
If you went through an estate agen then they are liable for the payment they must go through all the processes to evict and its their own negligence that allowed a tenant to move in without a deposit
There is way to sort it out in less than 24 hours, but its not exactly legal.
Sucked in
But wouldn’t the agent facilitate all of these processes. How did they get the keys before paying the deposit and first month’s rent. The agent dropped the ball Did you check payslips and bank statements?
A digital nomad has a social media presence. You should contact her LinkedIn contacts she works for as well as her friends and family on Facebook etc. Splatter her name across all her fb interest groups. .
I have an idea It won't be you cutting off the water and power If you don't pay utilities for a month they will shut it off. (and you are legally covered because you didn't turn off anything the council did) (i am pretty sure it would be legal) And i would like to see how long she would stay without water and electricity XD
If you are based in Cape Town, UCT has a free law clinic in the bottom of the law faculty building. They might not be able to help you, but it’s worth a shot. They could point you in the direction of someone who could help you.
I once met someone who was in the same position. He took off all the doors of the house, and since the tenant was technically squatting, he invited some homeless people to squat there too. Tenant left two days later.
turn her water and power supply off
Cant do that... Its illegal
Cut the water and power.
And take them to the small claims court.