Terms & Conditions
How Do We Help You:
PROFESSIONAL ASSISTANCE, BY QUALIFIED EXPERTS IN THE RENTAL INDUSTRY TO:
- screen all your new applicants and current tenants;
- provide you with legal application forms, contracts, and inspection templates;
- draft and send 'Letters of Demand' on your behalf, to a tenant who is in breach of the terms and conditions of his/her lease agreement;
- draft and send 'Notices to Cancel' a lease agreement in terms of the Consumer Protection Act to a tenant who has failed to remedy his/her breach, in terms of the above letter of demand, timeously.;
- draft and send 'Cancellation Letters', in accordance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, to defaulting tenants;
- instruct/appoint an attorney, from our panel of attorneys, to summons the tenant far all arrear amounts due and payable in terms of the lease agreement ( NB Kindly contact Landlord Legal to find out more about the costs involved, as this process is not included in the assistance contract);
- instruct/appoint an attorney, from our panel of eviction attorneys, to evict a tenant whose lease agreement was lawfully cancelled or who is in unlawful occupation of the property after the appropriate/legal notices were sent.
The Insurance Company will indemnify Landlord Legal for all legal expenses, limited to R 50 000-00, for an authorised attorney, in obtaining an eviction order against a tenant who unlawfully occupies the rental property, in terms of this Assistance Contract. ( This includes Magistrates and High Court evictions.)
The lease agreement must be lawfully terminated as a result of:
- the tenant’s failure to pay the monthly rental – holding over, or any other material breach of the lease agreement.
- the tenant's failure to vacate the rental property at the expiry of the lease agreement after receiving the appropriate/legal notices that the contract will not be renewed. This includes the scenario where the tenant received a valid notice to vacate the property and refuses to do so withaout a valid defence.
NB: Members do not have the option of selecting their own attorney.
Member's Contractual Obligations:
- Pay your monthly fee timeously.
- Take action to prevent a tenant from defaulting on his/her rent.
- The non-payment of rent must have been without your authorisation.
- Supply Landlord Legal with proof, clearly indicating the tenant’s non-payment.
- Supply Landlord Legal with the necessary documentation, including, but not limited to a written lease agreement.
- Cooperate and assist with any request from Landlord Legal as it becomes necessary to resolve the rental default and the legal processes that may follow.
Failing to adhere to the above may result in this contract being canceled and Landlord Legal NOT being able to assist you.
How Is The Contract Cancelled?
This contract will be canceled if;
- You do not pay your fees for two consecutive months;
- Landlord/Agency provides Landlord Legal with 20 days' written notice to cancel the contract;
- Landlord Legal provides the landlord/agency with written notice to cancel the contract.
- The Assistance Contract fee of R 250-00 per month.
- You have a 3 month waiting period from the date of your first membership fee payment before Landlord Legal will commence with issuing any legal letters or to pay for any legal expenses.
- How to waive the 3-month waiting period: Landlord Legal can perform a screening of your prospective tenants before you enter into a lease agreement. A once off fee of R100-00 will be charged to screen an applying tenant. This cost you may legally pass onto your applying tenant.
- If you have an existing non-paying tenant and are not a member of Landlord Legal, contact us for a quotation to assist you with the eviction of such a tenant.
You Shall Not Be Assisted If:
- The lease agreement is not in writing.
- Any arrangement is made with a tenant without the consent of Landlord Legal.
- This contract shall be governed by the laws and statutes of the Republic of South Africa.
- This contract cannot be ceded.
- You, the Landlord and/or the Estate Agency, are the persons who are named on the contract and who will be responsible for the monthly payment.
- Insured Event is the lawful cancellation of a lease agreement by Landlord Legal, subsequent to the failure of a tenant, without a lawful defense, to pay rental and where the tenant fails to vacate the lease premises, subsequent to the cancellation of the lease agreement.
- Unlawful Occupier would be a tenant holding over after the lease agreement between him/her and the landlord was lawfully terminated by Landlord Legal.
- The Landlord is the registered owner of the leased property or an Agent/Property Manager appointed by the Landlord or a Tenant, who, according to a lease agreement or the written, lawful consent of the owner of the leased property, has the right to sublet the premises to a tenant for residential purposes.
- A Tenant is a legal person on the lease agreement who is the occupant of the lease premises and pays the monthly rent, as regulated by the written lease agreement.
- Legal Expenses are all costs and fees charged by lawyers and or a debt collection company in respect of services rendered to the Insurer and Landlord Legal in respect of recovery of arrear rentals, and/or in respect of eviction proceedings instituted against a tenant.
- Lease Agreement is a rental agreement between the Landlord or his Agent/Property Manager and the Approved Tenant who is leasing the Landlord’s Immovable Residential Property. This agreement must be in writing, signed by both parties and must be approved by Landlord Legal and has come into effect before or on the date a tenant has taken occupation of the leased premises.
- Legal Practitioners would mean both Attorneys and Advocates that are appointed by Landlord Legal, and who are on the Landlord Legal panel, to act on your behalf.
- Legal Proceedings would constitute the actions taken to obtain a lawful eviction of a tenant from the residential property after the lease agreement between you and the tenant was legally canceled, by Landlord Legal, and the tenant subsequently is holding over.
- Holding Over is when a tenant continues to reside in the leased premises subsequent to the lawful termination of the lease agreement by Landlord Legal as a result of the tenants’ failure to pay his/her monthly rental timeously.
This contract carries a 3 month waiting period from the date of the first membership fee payment before Landlord Legal will commence with any legal letters or pay for legal expenses.