Frequently asked questions

Get quick answers to the most common eviction questions and learn how to take quick action.

Popular questions

The most popular questions from every category, all in one place!

Yes, it is possible to negotiate with your landlord after receiving a Notice of Motion. However, any negotiations should be done through legal representation, and any agreement reached should be formalized in writing and submitted to the court.

Yes, you can appeal a notice to vacate. You can do this by contacting the relevant authorities, such as the Rental Housing Tribunal or a legal representative, to assist in resolving the dispute.

No, if you have been denied entry to your home, you can contact the police or seek legal assistance to regain access to your home.

No, it is not legal for your landlord to cut off your water. You have the right to access basic amenities, including water, as a tenant. Consider seeking legal assistance if this problem cannot be resolved amicably with your landlord.

You can communicate with your landlord through writing or speaking to them and request that they turn your power back on. Consider seeking legal assistance if this problem cannot be resolved amicably with your landlord.

Tenant and landlord relations

Questions around common interactions between tenants and landlords

No, if you have been denied entry to your home, you can contact the police or seek legal assistance to regain access to your home.

No, landlords are not permitted to enter a tenant's house without their consent or proper notice, except in emergencies. The Rental Housing Act (No. 50 of 1999) protects tenants' right to privacy and peaceful enjoyment of the property. Violating this law may result in legal action against the landlord by the tenant.

No, it is not legal for your landlord to cut off your water. You have the right to access basic amenities, including water, as a tenant. Consider seeking legal assistance if this problem cannot be resolved amicably with your landlord.

You can communicate with your landlord through writing or speaking to them and request that they turn your power back on. Consider seeking legal assistance if this problem cannot be resolved amicably with your landlord.

Yes, if your tenants are refusing to pay rent, you may want to consider seeking legal assistance if this problem cannot be resolved amicably.

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Responding to a Notice to Vacate

What is it? What should I do when I receive one? Answering your basic questions

Yes, it is important that you pay and keep record of all rent or cost incurred while staying at the leased property.

The time given to vacate after receiving the notice will depend on the terms of the lease agreement, the reason for the notice, and the relevant legislation. Generally, it is 30 days' notice, but it can vary.

Yes, you can negotiate with your landlord after receiving a notice to vacate. You can discuss your situation with your landlord and try to come to a mutually beneficial arrangement, such as arranging a payment plan, or reducing the rent.

Yes, you can appeal a notice to vacate. You can do this by contacting the relevant authorities, such as the Rental Housing Tribunal or a legal representative, to assist in resolving the dispute.

A landlord can give a notice to vacate for various reasons, such as non-payment of rent, breach of the lease agreement, or the landlord requiring the property for personal use or sale.

See all Notice to Vacate FAQs

The Rental Housing Tribunal

How does it work? Get a quick understanding through these common questions

No, the main benefit of utilizing the RHT is that there is no cost associated with referring disputes to them, except for a nominal administrative fee.

Your ID/ permit/ passport • The relevant lease agreement, • Proof of applicable payments, • Proof of the physical address of both parties, • Contact telephone numbers

Complaints have to be lodged in person or by mail at your nearest RHT which can be determined by looking online or by phoning before hand RHT helpline.

Yes, you can contact the Rental Housing Tribunal if your tenant is refusing to pay rent despite warnings. The tribunal can assist you in resolving the dispute with your tenant and can help you to reach a fair and legally binding resolution.

Yes, when attending a housing tribunal, you should bring any relevant documents and evidence to support your case, such as your lease agreement, rent receipts, photographs of the property, correspondence with your landlord, and any other relevant information.

See all Rental Housing Tribunal FAQs

A complete guide to the Rental Housing Tribunal

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Download the forms you need when taking your case to the Rental Housing Tribunal

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Responding to a Notice of Motion

What are the most common questions around this important legal notice?

Yes, it is possible to negotiate with your landlord after receiving a Notice of Motion. However, any negotiations should be done through legal representation, and any agreement reached should be formalized in writing and submitted to the court.

Yes, a Notice of Motion is a legal document, typically served on the tenant by a sheriff or deputy sheriff of the court. The document will include the details of the landlord, the property in question, the reasons for the eviction, and the date and time of the court hearing.

No, an eviction Notice of Motion does not mean that you have to leave the property immediately. It is a formal document notifying you of the landlord's intention to seek an eviction order from the court, and you will have the opportunity to respond to the Notice of Motion before any order is granted.

Yes, if you have received an eviction Notice of Motion, you are required to respond within the timeframe specified in the notice. Failure to do so may result in a default judgment being granted against you.

See all Notice of Motion FAQs

Court proceedings

Common questions about the entire court process

Yes, you can go to court without a lawyer, but it's recommended to have legal representation to ensure that your rights are protected.

You should bring any relevant documents such as your lease, notices from the landlord, and any evidence to support your case.

Before going to housing court, you need to know your rights as a tenant, the reason for the eviction, the landlord's responsibilities, and the legal process involved.

If you have to be in court, you will present your case and the judge will make a decision. It's important to prepare your case and bring any necessary evidence. If you still unsure you should seek the help of legal services.

If you cannot make it to the court to receive the judgement and court order in person, your landlord is responsible for ensuring you receive a copy. The Sheriff may also be asked to deliver the court order to you at your home or work, but you need to give a very good reason for not going to court to receive your judgment.

Court orders will usually be received in person on the day of the judgement in court. In some cases the court may require more time and you will be advised to return to court at a later date.

See all court proceedings FAQs

Emergency housing

Important questions for taking steps towards find emergency housing

The length of time emergency housing will be provided for varies depending on your specific situation and the availability of resources.

No, you will not be able to choose where you will be assigned emergency housing as it depends on availability and eligibility criteria.

To apply for emergency housing, you need to contact your local Department of Social Services or housing authority and provide them with the necessary information and documentation.

You may be eligible for emergency housing if you are homeless or at risk of becoming homeless due to an eviction or other reasons.

See all emergency housing FAQs

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