Question
Anne is a young Swiss artist looking to make her fortune in Johannesburg. She believes that South Africa is filled with opportunity and wishes to
Anne is a young Swiss artist looking to make her fortune in Johannesburg. She believes that South Africa is filled with opportunity and wishes to secure an apartment in Braamfontein. She finds a great apartment on a website called Posh Apartments for R6,500 per month.
She contacts the landlord, singer Ma'am Jozi ("MJ"), signs a lease for one year, and pays a security deposit of R10,000. The lease agreement is in writing and complies with all formalities for a valid contract of lease.
It soon becomes clear to MJ that Anne is bad news. Anne leaves the apartment in a state of totaldisrepair. She has not paid her rent for the past three months and refuses to vacate the premises, despite MJ asking her to leave various times telephonically and in WhatsApp messages.
Anne has left holes in the walls, repainted the apartment neon green, and changed all the locks. MJ is furious and approaches you for legal advice. She wants Anne evicted as soon as possible and wants to withhold Anne's security deposit.
Advise MJ of her rights and obligations as a lessor, and Anne's rights and obligations as a lessee, as well as the eviction process.
In your answer, refer to the applicable legislation, the landlord's tacit hypothec, and the essentialia of the contract of residential lease between a lessor and lessee.
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