Residential Guidebook Homeowners Guide 2016 | Page 21

close and, similarly, an eviction order brings an unlawful occupation of the landlord’s property to an end. An eviction application can only be launched if the tenant is an unlawful occupier Financially, the tenant has severe financial implications, which include, but are not limited to, an inability to continue occupation at a potentially favourable rental, costs of the litigation against you as the landlord and the inability to procure a reference for your next property. Then again, the tenant may, but not always, be the author of this predicament. From a landlord’s perspective, the financial burden of lost rental, potential damages to www.reimag.co.za your investment, mitigating your loss by way of procuring a new tenant at a cost, and the need to somehow make up the lost rental income are all issues that are often experienced. A landlord has a right to receive rental timeously in terms of the lease, as entrenched in the Rental Housing Act and it’s various unfair practice regulations. A tenant, similarly, has entrenched rights once an eviction order has been granted. Any attempt to eject a tenant, subsequent to the eviction order being granted and prior to the formal dates to vacate can be a further financial implication. The unlawful occupier can apply to court under the law of the ‘mandament van spolie’, which affords the unlawful occupier the right to apply to court, on an urgent basis, to restore occupation. RESOURCES Marlon Shevelew and Associates Inc. Residential E-Book 2016 19