I have people staying by me but they are not paying me rent l!
I have been renting from my landlady for a year now. I let friends of mine move in by me in December 2016 to which the landlady agreed stating they may only stay for a short whil. They were only suppose to stay for 2 months. My rent is R3000. They were suppose to pay R1500 however, They didn’t pay rent December and January. They were 3 individuals 2 Adults and a minor 17 years of age. The 1 adult has moved out since they broke up. The adult that moved out was the one who eventually started paying rent in February. He moved out in June. The lady managed to get the rent money from her father but was then no longer buying groceries or electricity and I had to supply all the above mentioned items. I have told the lady a week a go that her and the minor need to move by the 31st of this month. She has agreed but I am afraid they won’t move. She has also threatened me with the squatters law. I financially cannot afford to look after them anymore . please help
You did not state whether your landlady was aware of the subletting arrangement between you and them. Be it as it may, common law allows tenant to sublease if a clause in the principal lease so permit. Your landlady as the person with superior title does not have automatic right to disrupt the rights a is within the landlady’s knowledge,
Amended by author 13th October 2017, 14:36
Your landlady as the person with superior title does not have automatic right to disrupt the rights and obligations between you and your friend(subtenant) even if she denies having granted the right to sublet. She must challenge it by instituting legal action. Until then, the relationship between you(tenant) and your friend(subtenant) is that of landlord and tenant with enforceable contractual rights and corresponding obligations. If by the 31st she refuses to move out, my advice is that nothing stops you from enforcing your right through the Rental Housing Tribunal or a court.