document.frmCalc.txtTduty.value = addComma(td); This is just a slightly different form of summons from the one referred to above. 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 … } if (remComma(document.frmCalc.txtAmt.value) == 0) { if (document.frmCalc.rdg[0].checked) { document.frmCalc.txtPurch2.value = addComma(remComma(document.frmCalc.txtPurch.value)); //TRANSFER COSTS purchase price return numVar; }

Â. document.frmCalc.VerifyBox.value = "";

v = remComma(document.frmCalc.txtPurch.value); //purchase price txfer = txfer + (x * AmtTXfer4); td = GetTxferDuty(v); Here are the main things you need to know before you use this enforcement option: Court permission is not required. }

J790 - Form 4. document.frmCalc.txtTevaultfee.value = addComma(Evaultfee); return (txfd); document.frmCalc.txtBtotal2.value = document.frmCalc.txtBtotal.value; //bond cost breakdown total }

if (MustUpdate == 1) { } RENT DOC is tailored for you. In terms of the Magistrate’s Courts Act, 32 of 1944, the landlord can use: i)A section 31 application whereby a summons with an automatic rent interdict is issued. return commaNumber; the Landlord has served the Tenant with a section 25 notice; or the Tenant has given the Landlord a section 26 notice.

function CalculateTransfer() { When you receive a summons and complaint, read it carefully. document.frmCalc.txtAmt2.value = "";

if ((MustUpdate == 1) && (remComma(document.frmCalc.txtPurch.value) > 0) && (remComma(document.frmCalc.txtDep.value) > 0)) {

function UpdateRepayment() { //seller is a natural person }

p = Math.pow((1 + monthly_int_rate), (-1 * month_term)); Distraint for rent is a Common Law remedy for landlords of commercial property. What does interdict mean? } document.frmCalc.txtTsearch.value = ""; To tear or split apart or into pieces violently. The summons 9 .

function CalculateBond() { J787 - Form 2A. J791 - Form 5. ((event.keyCode >= 48) && (event.keyCode <= 57))) { event.returnValue = false; } if ((allowdot > 0) && (event.keyCode == 46)) { document.frmCalc.txtAmt2.value = document.frmCalc.txtAmt.value; //bond amount

document.frmCalc.txtBtariff.value = addComma(bc); i = document.frmCalc.txtInt.value; //interest rate It was further alleged that the applicant was in arrears with the rent and had also failed to pay certain municipal charges which she was obliged to pay. 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. The legal realm is divided broadly into substantive and procedural law. Essentially, it is security made against a debt incurred by the debtor and as it is tacit it is an accepted part of our law and does not need to be agreed to, for example, in the lease agreement. j = thenumber.length; document.frmCalc.txtTtotal2.value = ""; Acts Online provides legislation, including amendments and Regulations, in an intuitive, online format. For the purposes of this subsection and as applied to tenancies under chapter 59.18 RCW, "rent" has the same meaning as … var tot2 = 0; event.returnValue = true; As the meaning of the words indeed indicates, it is only of a temporary measure.

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

numVar = numVar.substr(0, j); 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. var VAT_rate = 14 thenumber = thenumber + numVar.charAt(i - 1); bond = bond + (x * AmtBondC4); return TheNum; x = Math.ceil((Amt - 5000000) / 100000); How to go about implementing and executing it by means of the Rental Interdict Summons; anD, Alternative to the Rental Interdict Summons which includes a possible urgent. amt = remComma(document.frmCalc.txtPurch.value) - remComma(document.frmCalc.txtDep.value); var tot1 = 0; document.frmCalc.txtTtariff.value = addComma(tc); var runTotal = 0;

function addComma(TheNum) { In most cases, you'll file a formal statement known as an answer in response to the summons. tot2 = CalculateBondFees(1); var monthly_int_rate = 0;

exam = 0; numVar = String(TheNum); i = document.frmCalc.txtInt.value; //interest rate It is for this reason that the landlord needs to seriously consider whether it is feasible to try and sell the movables by auction as it could rather be an exercise of “throwing good money after bad money” and in the authors’ experience, more often than not, it unfortunately isn’t. }

This is done either by giving the defendant a copy of the summons, or leaving it at his house; or by reading the summons to him.

function GetBondCost(Amt) { 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.txtBtotal2.value = document.frmCalc.txtBtotal.value; //bond cost breakdown total Summons and interdict. TO SUMMON, practice. if ((i != j) && ((j - i) % 3 == 0)) The summons shall bear the plaintiffs physical address at which the plaintiff will accept service of all subsequent documents and notices in the suit. document.frmCalc.txtRepay.value = ""; The landlord does not need any court order to distrain for rent against a tenant when the rent is overdue. document.frmCalc.calcOption.value = 3;

commaNumber = commaNumber + thefraction;

function CalculateBondFees(MustUpdate) { CalculateRepayments(); Summons and return same to the Registrar with whatsoever you have done thereupon. } var tot2 = 0; var tot2 = 0; month_term = 12 * y;

numVar = "0" If this is successful we can proceed to issue a warrant of execution and attach the assets of the tenant. A claim for compensation in respect of loss or damage (bodily injury) from the driving of a motor vehicle, must be lodged with the Road Accident Fund within two years from the date on which the accident occurred. Combined Summons. b. x = x + (Amt - 10000000) * (13 / 100); In short it can be said that should all factors required for a final interdict as listed above be present the interdict should be granted by the Court. var Bevaultfee = 390; SA’s Top Rental Property Law Firm and recipient of 57 international awards. else { You are in way over your head and this online forum can't help you much other than to tell you that you need a lawyer ad to get legal help right away. document.frmCalc.txtAmt2.focus() }

Summary judgement 14 . document.frmCalc.txtDep.value = addCommaEx(remComma(document.frmCalc.txtDep.value)); }

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. Pages 22 Ratings 100% (2) 2 out of 2 people found this document helpful; This preview shows page 9 - 11 out of 22 pages. The summons and complaint should state the same reason for eviction listed on your notice to quit. 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. 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.

function UpdateInfo(MustUpdate) { In order to enforce this right, the landlord engages an attorney to issue a rent interdict summons. var j = numVar.length;

for (i = j; i > 0; i--) { } 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. Apartheid-era abuses and, more recently, slum landlords and hijacked buildings have given property owners a bad name, but everyone is entitled to the right to enjoy their property and to be protected from abuse, regardless which side of the lease contract they represent. thereafter serve a copy of this summons on the Defendant and deliver the original to the Registrar together with a return of what you did with same. var thenumber = "" Not all leases are designed the same, but there are some common features: rent amount, due date, lessee and lessor, etc. } // add commas to the top values 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. 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