Mastandi can’t just chuck you out during lockdown!

UNABLE to pay your rent because lockdown left you with no income or not enough to make payments?

Scorpion Legal Protection answers the question of whether or not you’re obliged to pay rent for this time, evictions, and what you can do.

The first big question: as a tenant, am I obliged to pay rental for the period of lockdown?

Yes. When you rent a place, you enter into a contract with the landlord saying you agree to pay them each month for the use of the space, and they agree to rent you the space.

Communication with your landlord is the first step you should take if unable to pay rent.

You may find that you and your landlord can come to a payment agreement.

But let’s say this is proving difficult. Can your landlord evict you for not paying? No. Government Gazette No 43167 makes it clear that “all evictions and execution of attachment orders, both movable and immovable, including the removal of movable assets and sales in execution is suspended with immediate effect for the duration of the lockdown”.

Minister of Co-operative Governance and Traditional Affairs Dr Nkosazana Dlamini-Zuma stated: “Given that rental income is an important livelihood stream for some, we’ve inserted the possibility for a competent court to grant an eviction order provided it’s ‘just and equitable’.”

As a tenant, you can approach the relevant authorities for a grant if you qualify for assistance, like the Covid-19 employer/employee relief scheme fund that employers apply for on your behalf, or standard UIF.

Tips

Tenants suffering financially under lockdown are not automatically released from their obligation to pay rent. Talk to your landlord.

You cannot be evicted from your home without proper legal process being followed.

Follow Scorpion Legal Protection on Facebook for updates and information on your rights during the lockdown.

* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing