Rental Litigation
Rental Litigation
Despite reports to the contrary, Landlords do have rights in the case of delinquent tenants. The Landlord’s hypothec allows the Landlord to attach and sell the movable goods of the tenant (and in certain instances movables of a third party) which are on the leased premises, if the tenant fails to pay the rent.
The Landlord may also bring the hypothec into effect by interdicting the tenant from removing goods from the premises. Section 32 of the Magistrate Courts' Act empowers the Landlord to attach and simultaneously remove the tenant's movables from the leased premises in security of rent.
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In effect, the Sheriff serves the Summons and attaches and removes the tenant's movable goods to the value of the arrear rental plus costs
Delinquent tenants can also be evicted by way of a court order. Contact us for more information.
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