debtors.” Essentially, it is a guarantee against a debt incurred by the debtor and, as implied, it is an integral part of our law and should not be agreed in the lease, for example. If you do not file the application for release before the mailing date, you are in the process of filing it until the response date on the citation.61 You should then appear on the original trial date and ask a judge to reject the deportation.62 See the section of this chapter entitled Important Data for a description of different data to be respected. If you have a rental agreement and receive a termination to end non-payment of rent, you can “cure” non-payment and prevent eviction by paying your landlord all of the past and current rent. Your landlord cannot evict you for non-payment of rent if he claims that you have paid nothing but rent (such as deposit, late fees or repair costs).48 Therefore, you do not have to pay these fees to heal. Before you agree to a deal, read it very carefully. If you reach an agreement, you should take it to court. Don`t trust your landlord or lawyer to do it without being there. Too many tenants discovered that their landlord could not rely on the bid of the transaction contract, but decided to continue the eviction case – without the tenant being there. If the non-payment of rent is caused by a late grant cheque or a late cheque from the Department of Social Security or Transitional Assistance, and you receive a termination and subpoena and a claim, you should immediately ask the court to postpone the hearing date by at least 7 days for the cheque to arrive.
Once you have received the cheque, if you pay the landlord the rent owed, the interest on that amount and the landlord`s costs for filing an eviction by that life, the court must treat the lease as unreleed and dismiss the case.56 The KwaZulu-Natal Local Division has upheld the recent High Court jurisprudence, that the significance of the eviction proceedings constitutes a notification to a tenant of a landlord`s intention to terminate the lease (LOT 695 Hibberdene (Pty) Ltd vs Coalition Trading 689 CC (KZD) (unreported case 414/2013, 30-4-2015) (Thatcher AJ)).