Thursday, December 13, 2012

#Evictions101


Follow our live trial eviction of a habitual delinquent tenant #evictions101.
Follow the storey on twitter: @tpnadvice

Follow the landlord on twitter: @justinbez
Follow the Attorney – Steyn & Steyn: @Cilna

The storey starts in May 2012; Joe*, the tenant (not her real name) spins a heartfelt story to Justin, the landlord of why he should not perform credit checks on her – she admits she does have blackmark but wants to “open and honest”, she has “learnt her lesson” and “promises to be a good tenant”

Naively, Justin takes Joe for her word – the tenant has admitted to being blacklisted, he decides it is unnecessary to perform a credit check on the tenant; “Why bother if the tenant was up-front?”
Now a difficult 6 months later, first Joe paid late (in month one 2 weeks late, in month two and three 3 weeks late, in month four 2 weeks late); but in month 5 and 6 Joe has not paid at all. It’s not that Joe isn’t communicating – she emails Justin regularly with “heartfelt apologies and long sad stories with promises of payment” which are never followed through.

Finally Justin performs the long overdue credit check; clarity sets in. Joe was upfront, she did have a blackmark against her name – in fact she had 11 blackmarks on the one credit bureau, 9 blackmarks on the second credit bureau and 12 months of non-payment of rent culminating in a R48500 default on the TPN rental credit bureau.
Justin acknowledges, had he performed the credit check in May he would never have rented to Joe. Too late. Now he must take action.

The eviction process is quite technical and already a timely process due to legal mandatory time requirements (20 business days to cancel; 14 days to issue summons etc.), Justin is already 2 months down on non-payment of rent, it is the middle of December, the last thing he needs is an attorney who delays the eviction due to non-compliance with the technicalities – a specialist eviction attorney must be sourced:
Enter Steyn & Steyn Attorneys. When you have a serious complaint you call a specialist.

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