Summons. Automatic rent interdict: Purchase 1) When a summons is issued in which is claimed the rent of any premises, the plaintiff may include in such summons a notice prohibiting any person from removing any of the furniture or other effects thereon which are subject to the plaintiff's hypothec for rent until an order relative thereto has been made by the court. This is otherwise referred to as the “attachment” process, which later allows the sheriff to only execute/remove any items contained in the inventory list. r = v * (monthly_int_rate / (1 - p));

Together, these two options afford the landlord with tangible protection leading up to getting a judgment for the outstanding rental and allowing the landlord to perfect the hypothec once same has been received, thus mitigating some of the loss/damage the landlord has sustained. It is however, important to keep in mind that once the sheriff has removed the items, the storage of these items at the sheriff can be costly and requires the landlord to cover such costs upfront before possibly being reimbursed by the tenant in terms of the cost order at a later stage. var AmtTXfer2 = 1300; document.frmCalc.txtAmt3.value = ""; the Landlord has served the Tenant with a section 25 notice; or the Tenant has given the Landlord a section 26 notice. exam = 4675; document.frmCalc.txtTvat.value = addComma(tvat); j = thenumber.length; return txfer; if (remComma(document.frmCalc.txtAmt.value) == 0) {

function UpdateBondCalcOnly(MustUpdate) { document.frmCalc.txtPurch2.value = addComma(remComma(document.frmCalc.txtPurch.value)); //TRANSFER COSTS purchase price var AmtTXfer1 = 650; document.frmCalc.calcOption.value = ""; }

Edictal citation/substituted service: short form of process.

v = remComma(document.frmCalc.txtAmt.value);

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var amt = 0; monthly_int_rate = int_perc / 12; In cases where the tenant is still occupying the premises, we proceed with a Rental Interdict Summons, in which the tenant is interdicted from removing any assets from the property in accordance with the landlords’ hypothec, as an additional security for the landlord. }

The most important thing to do is to show up at the date, time, and court location stated on the summons. The legal realm is divided broadly into substantive and procedural law. thenumber = thenumber + " ";

function CalculateTransfer() { charter definition: 1. a formal statement of the rights of a country's people, or of an organization or a particular….

function CalculateMonthlyInstallment() { thenumber = thenumber + numVar.charAt(i - 1); We endeavour to avoid this, due to cost and timing issues, as a trial will usually take about 2 years to finalise. household effects from the leased premises is included in …

function GetVat(Amt) { Summary judgement 14 . } document.frmCalc.txtAmt2.value = addComma(remComma(document.frmCalc.txtAmt2.value)); tot3 = CalculateRepayments(1);

}

var month_term = 0;

} }

document.frmCalc.txtTtotal2.value = ""; What does interdict mean? document.frmCalc.txtAmt.value = addCommaEx(amt); document.frmCalc.txtBvat.value = ""; The summons was in the form of a rent interdict summons provided for in section 31 (1) of the Magistrates’ Court Act, No 32 of 1944. var tot1 = 0; This article examines the landlord’s tacit … Title Eviction_Guide.pdf Author: User Created Date: 2. After a year of no rent and extensive destruction of the property, I was happy that it was foreclosure time, as this was my opportunity to cut my losses. bvat = GetVat(bc + Petties + Aktex + Bdocfee + Bevaultfee);

}

var tot1 = 0; numVar = "0" document.frmCalc.txtAmt.focus() j = thenumber.length; return runTotal; In some cases the landlord may be able to recover the legal costs for the process, although this would only be if the lease agreement makes provision for this. document.frmCalc.txtTsearch.value = addComma(SearchFee);

, Insolvency, Business Rescue & Restructuring, © 2021. var thenumber = "" The tenant has not paid the rent they owe, and yet they are still living in your rental property. Summons, file with the Registrar of this Court situated at Johannesburg, its notice of intention to defend; (ii) thereafter and within twenty (20) days after filing and serving notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff(s) a Plea, Exception, Notice to strike out, with or without a Counterclaim. The application can be made by the landlord himself/herself on an urgent basis or alternatively by someone on their behalf (e.g. var tvat = 0; Service of this Summons on the tenant brings the hypothec into effect. Summons must be served on the defendant or agent and ten days must have lapsed. household effects from the leased premises is included in the summons this. Summons and interdict. if (remComma(document.frmCalc.txtAmt2.value) == 0) { An interim interdict is defined as an order preserving or restoring the status quo or existing state of affairs, pending a final determination, at a later stage. The summons 9 .

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document.frmCalc.txtPurch2.value = addComma(remComma(document.frmCalc.txtPurch.value)); //TRANSFER COSTS purchase price return bond; } REGISTRAR OF THE HIGH COURT JOHANNESBURG & MONAMA INC Atto ~fot-Plaintiff 2" loor, Suite 19 Katherine 8 West Building 114 West Street SANDTON c/o THE DOCUMENT EXCHANGE 5'" Floor, Carlton Centre Cnr. document.frmCalc.txtTtotal.value = addComma(RoundNumbers(runTotal)); This is just a slightly different form of summons from the one referred to above. alert("Please enter a bond amount.") It is for this reason that the landlord needs to seriously consider whether it is feasible to try and sell the movables by auction as it could rather be an exercise of “throwing good money after bad money” and in the authors’ experience, more often than not, it unfortunately isn’t. See Synonyms at tear1. 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