Our letter can help. The first date of appearance is also listed in the Summons letter. Summons and interdict. Because rent is due on the first of the month and will cover the rental unit for the dates of DATE through DATE, you are living in a unit you have not paid for. The summons you received contains such a notice that you need to fill out. per follow up. Letter to demand outstanding rent from a tenant If you’re owed rent by your tenant, you can send them a letter to demand they pay - as long as it’s been owed to you for at least eight weeks. [3] The respondent issued a summons in the Magistrate’s Court against the applicant, in which she alleged that the applicant and the deceased had concluded a lease agreement in terms of which the applicant leased the property from the deceased at a monthly rental of R300.00, and operated a tavern from the property. THREE TYPES OF SUMMONS (same as High Court): SIMPLE SUMMONS (liquidated claim or demand), COMBINED SUMMONS (unliquidated) and . 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. Below mentioned is the sample and template format of the letter. Reply Delete Whereas a summons for unpaid rental can be attached to the door of the premises by the sheriff, a notice of eviction proceedings must be served on the occupier personally. Acts Online provides legislation, including amendments and Regulations, in an intuitive, online format. Legal Pleading Templates in .DOC format Click any legal pleading template to see a larger version and download it. It is very important to follow this kind of agreement as any unacceptable item that you will do may be the reason why you cannot rent the property anymore. Court papers are intimidating, particularly when they say you have to leave your home (a summons eviction). This document has no legal impact but should be given to … Such movables cannot be removed from the property, until judgment by the Court in respect of the matter has been given. Also can I add the cost of a loscksmith who provided my client with access to the commercial property after the tenant left the premises. Thereafter file a copy with the clerk of the court from which the summons was issued by taking it to the clerk of the court and get proof of receipt. 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. Fill out, securely sign, print or email your blank court summons form instantly with SignNow. HC 263/20) [2020] ZWMSVHC 63 (06 November 2020); Legal pleading template for plaintiff vs. defendant in a civil lawsuit, 28-lines The primary goal of this letter is to inform the landlord about the issue (or remind the landlord of the issue if they have already been informed) and ask the landlord to correct it. Additional costs of services available (and which are fully claimable from the tenant) include: - By email sent on your behalf R20.00 plus Vat - By normal post sent on your behalf R20.00 Vat incl. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. COMBINED SUMMONS To the Sheriff or his deputy: INFORM GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA, acting through its National Treasury, Department of Finance, Department of Defense and its Department of Trade and Industry, care of The State … Magistrate Court proceedings will be in the form of an Automatic Rent Interdict Summons. A landlord needs a legal reason(s) to make you leave your home and this reason(s) should be clearly spelled out in the court papers. The proceedings are founded in civil litigation and are based on the terms and conditions of the lease agreement. Sample Notices Regarding Failure to Pay Rent March 2006 2 Sample Final Notice of Failure to Pay Rent Like the initial Notice of Failure to Pay Rent, this document is intended as a reminder to tenant that his or her housing is in jeopardy. Summons Form. High Court proceedings may be brought by way of either action or application. In order to enforce this right, the landlord engages an attorney to issue a rent interdict summons. If the notice period lapses without the tenant making any payment, the landlord may choose to proceed to issue a summons with an automatic rent interdict. In consideration of the increased number of individuals representing themselves in legal matters the court has placed the most commonly used forms on line as a resource. The sender of this letter will be the tenant who is renting the premises from the landlord. Form 7 contains the form of the summons for eviction and Form 8 the additional summons to be used if unpaid rent is also sought. : This interdict can be used when a person is unlawfully deprived from the possession of movable or immovable property. Title Eviction_Guide.pdf Author: User Created Date: If a landlord is suing a tenant both to evict him and for damages he will need to have both summons issued and delivered to the sheriff with the complaint. A civil lawsuit can only begin once these letters have been served. Does anyone have a precedent for a rent interdict summons that complied with the amendment to the magistrates court rules. Section 31 of the Act relates to an automatic rent interdict: (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 effects thereon which are subject to the plaintiff’s hypothec for rent until an order relative thereto has been made by the court. for an eviction and to recover damages for unpaid rent. 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. 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