p = Math.pow((1 + monthly_int_rate), (-1 * month_term)); In trying to bring equilibrium to this issue, our law has a specific remedy for the landlord in order to try and protect the landlord’s right to rental debt owed to the landlord by means of the landlord’s hypothec.

tot1 = CalculateTransferFees(1); }

document.frmCalc.txtPurch2.value = ""; To provide some insight into the process followed by SSLR Inc. in rental dispute matters is briefly outlined below. y = document.frmCalc.txtTerm.value; //years

((event.keyCode >= 48) && (event.keyCode <= 57))) { event.returnValue = false; } if ((allowdot > 0) && (event.keyCode == 46)) { Instead, they allow tenants to make repairs and then deduct the cost of the repairs from their rent. var AmtTXfer4 = 325;

Final Interdict: This type of interdict is as the name states is final, and is not granted pending another decision. What does interdict mean? var thenumber = "" The Institute of Estate Agents, Western Cape, is often called in to assist when buyers, sellers and estate agents experience problems and they, in turn, says Annette Evans, regional manager of the Institute, will enlist the help of specialists in that particular field to answer any questions or deal with queries. The summons will also tell you exactly where to file your answer. document.frmCalc.txtBvat.value = ""; var month_term = 0;

This article will address the following –, In South African law, the landlord’s hypothec is recognised as a form of real security much like in the Roman and Roman-Dutch era and has been around for centuries. }

var AmtTXfer2 = 1300;

/********* Deeds Office Fees Apr 2017 ***********/

function CalculateMonthlyInstallment() { else {

Be aware, however, that many states do not allow tenants to withhold rent in this situation. bond = bond + (x * AmtBondC4); The respondent cancelled the agreement and claimed payment of the amounts owing, confirmation of the automatic rent interdict, and ejectment from the property.

function remComma(TheNum) { document.frmCalc.txtTvat.value = ""; document.frmCalc.txtTtariff.value = ""; Edictal citation and substituted service 12 . }

J789 - Form 3. Perhaps your local legal aid office can help but they are probably too busy to handle your case as an emergency although maybe they will make an exception. if (v <= 100000) { exam = 35; } if ((v > 100000) && (v <= 200000)) { exam = 75; } if ((v > 200000) && (v <= 300000)) { exam = 465; } if ((v > 300000) && (v <= 600000)) { exam = 580; } if ((v > 600000) && (v <= 800000)) { exam = 815; } if ((v > 800000) && (v <= 1000000)) { exam = 930; } if ((v > 1000000) && (v <= 2000000)) { exam = 1050; } if ((v > 2000000) && (v <= 4000000)) { exam = 1275; } if ((v > 4000000) && (v <= 6000000)) { exam = 1750; } if ((v > 6000000) && (v <= 8000000)) { exam = 2100; } if ((v > 8000000) && (v <= 10000000)) { exam = 2455; } if ((v > 10000000) && (v <= 15000000)) { exam = 2920; } if ((v > 15000000) && (v <= 20000000)) { exam = 3505; } if (v > 20000000) { numVar = "0" month_term = 12 * y;

If summons was issued with a rent interdict, the sheriff will, upon service, list possessions, which may not be removed from the property by the tenant and may subsequently be sold in execution. document.frmCalc.txtBdeeds.value = addComma(deeds); The summons will be delivered to the Court for issuance, after which it will be served on the debtor by the Sheriff of the Court. txfer = txfer + 42000; 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. Please be advised that our internal servers are down. }*/

} monthly_int_rate = int_perc / 12; Judgement by consent 12 . However, if the tenant removes goods, even after service of the summons, the hypothec basically becomes unenforceable, as until it is perfected by means of a Court Order, the hypothec ceases to exist once the … It is important when you receive your bill that you ensure you are in receipt of all eligible discounts or exemptions. J788 - Form 2B. if (! return RoundNumbers(Amt * (VAT_rate / 100)); document.frmCalc.txtBtotal2.value = document.frmCalc.txtBtotal.value; //bond cost breakdown total document.frmCalc.txtAmt.value = addCommaEx(amt); The tenant then has then 10 business days from service of the summons to defend the matter, by serving a document called a Notice of Intention to Defend. x = 0; Learn more. For the purposes of this subsection and as applied to tenancies under chapter 59.18 RCW, "rent" has the same meaning as … var commaNumber = ""; The act by which a defendant is notified by a competent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. } In most cases, you'll file a formal statement known as an answer in response to the summons.

function addComma(TheNum) { document.frmCalc.txtTtotal2.value = document.frmCalc.txtTtotal.value; //transfer cost breakdown total var AmtBondC2 = 1300; if (Amt <= 900000) { txfd = 0; } //looks good if ((Amt > 900000) && (Amt <= 1250000)) { x = (Amt - 900000) * (3 / 100); txfd = x; } if ((Amt > 1250000) && (Amt <= 1750000)) { x = 10500; x = x + ((Amt - 1250000) * (6 / 100)); txfd = x; } if ((Amt > 1750000) && (Amt <= 2250000)) { x = 40500; x = x + (Amt - 1750000) * (8 / 100); txfd = x; } if ((Amt > 2250000) && (Amt <= 10000000)) { x = 80500; x = x + (Amt - 2250000) * (11 / 100); txfd = x; } if (Amt > 10000000) { ing , rends v. tr. Thus included in an arrear rental Summons is an Automatic Rent Interdict.

document.frmCalc.txtRepay.value = addComma(RoundNumbers(r)); 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. if (Amt <= 100000) { txfer = 4300; } x = 0 if (txfer == 0) { if ((Amt > 100000) && (Amt <= 500000)) { txfer = txfer + 4300; x = Math.ceil((Amt - 100000) / 50000); txfer = txfer + (x * AmtTXfer1); } if ((Amt > 500000) && (Amt <= 1000000)) { txfer = txfer + 9500; x = Math.ceil((Amt - 500000) / 100000); txfer = txfer + (x * AmtTXfer2); } if ((Amt > 1000000) && (Amt <= 5000000)) { txfer = txfer + 16000; x = Math.ceil((Amt - 1000000) / 100000); txfer = txfer + (x * AmtTXfer3); } if (Amt > 5000000) { Request for default judgment. 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. Should the matter be defended, we will proceed with an Application for Summary Judgment, in which we state that the tenant does not have a valid defence – and that the objective of defending the matter is purely to create a delay. }

1. a. document.frmCalc.txtBpost.value = ""; } This article is aimed at bringing awareness to the subject of the landlord’s hypothec and specifically how it is practically implemented in our courts.

function GetVat(Amt) { document.frmCalc.txtAmt2.value = document.frmCalc.txtAmt.value; //bond amount

}

function CalculateBond() { j = thenumber.length; document.frmCalc.txtAmt2.focus()

tot1 = CalculateTransferFees(0); month_term = 12 * y;

y = document.frmCalc.txtTerm.value; //years

Tammy received a warrant for removal, but never recalled receiving a summons and complaint and did not appear on the trial date. tvar = numVar + "00"; 2. var Bdocfee = 175; Summons commencing action (in which is included an automatic rent interdict). if (document.frmCalc.rdg[1].checked) { var amt = 0; Written by : Jean Vermaas (B.Com Law, LL.B, LL.M) txfd = 0; } document.frmCalc.txtTtariff.value = addComma(tc); 74 Oxford Road, Corner 8th Avenue . With Acts you are guaranteed the latest and most up to date resource for your legislative needs.

int_perc = i / 100; Judgement by default 13 . The legal realm is divided broadly into substantive and procedural law. } document.frmCalc.txtBdocfee.value = addComma(Bdocfee); var AmtTXfer3 = 650;

if (MustUpdate == 1) { The eviction hearing will be held no earlier than 3 days, nor later than 15 days, after the date the summons was served on the tenant. else {

v = remComma(document.frmCalc.txtAmt.value); document.frmCalc.txtPurch2.value = addComma(remComma(document.frmCalc.txtPurch.value)); //TRANSFER COSTS purchase price 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. } Combined Summons. } 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. var commaNumber = ""; }

Summons must be served on the defendant or agent and ten days must have lapsed. document.frmCalc.txtTsearch.value = "";

function CalculateBondFees(MustUpdate) { 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. } Security for costs 12 . var j = numVar.indexOf(". In the state of Utah, filing the complaint with the court costs $90-$375 in filing fees, depending on how much the landlord is asking the tenant to pay in past-due rent, damages, or other costs. document.frmCalc.txtBevaultfee.value = ""; ~The automatic rent interdict This provides that when a summons is issued for arrear rental, the plaintiff may include in the summons, a notice prohibiting anyone from removing household effects from the leased premises until an order dealing with such goods has been made by the court, the notice in the summons servers automatically as an interdict, forbidding anyone … if (MustUpdate == 1) { This article examines the landlord’s tacit … The summons may say that you are behind on your rent. Saxonwold . var Bevaultfee = 390; With acts you are guaranteed the latest and most up to date resource for your legislative needs referred above! > < p > if ( j > 0 ) { //found period... Definition of rent the air - definition of rent the air by the Provider. 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