Car withhold because mechanic did not pay rent to landlord
I recently took my car in for repairs. When i wanted to collect my car the workshop was closed and locked. After inquiring the mechanic informed me that he and his landlord are disputing his rent so he locked the workshop and i`m not allowed to get my car. It has now been almost 2 months and i still don`t have my car. the mechanic informed me that the landlord moved my car to a unknown location. The opened a case against the mechanic. Is there any advice for me to get my car it will be greatly appreciated.
Your case is disheartening. Yes, a mechanic has the legal right to keep a customer’s car until payment is received in full, but a landlord impounding vehicles belonging to the Mechanic’s customers because he(mechanic ) is in arrears for rent is shocking to say the least. As a starter, except by a court order, the landlord has no authority whatsoever to confiscate property of his tenant or his tenant’s customers property irrespective of the amount owed. The Constitutional provision on the right to property is very very clear. Now coming to your case, what you should do is to bring an application for mandatory interdict to court. What this simply means is that the court will order the landlord to return your car. You should, in the application, claim damages, cost of the application and any other related costs from the landlord. You may speak to a lawyer about my recommendation. Thank you.