Rent overdue? Advice on how to deal with your tenant

How are landlords dealing with tenants who don't pay their rent?

CapeTalk's Lester Kiewit delved into the subject, playing an archived interview he did with a man known only as Jacques from the Property Recovery Unit, who advertises his eviction services on TikTok.

Jacques, who used to work in the nightclub security industry, claimed to have a 100% success rate in evicting tenants who don't pay. He also said that he ensures that all the paperwork is done and everything is legal. Furthermore, he said there is no violence and no intimidation.

Shevelew said in his 25 years of working as a lawyer, he's never heard of this kind of independent eviction specialist.

"No one can carry out an eviction order, once you've got that court order, unless you are an appointed officer of the court, a sheriff, or a messenger of the court. Anyone else who purports to say that I can throw you out in 24-hours notice, could be Jacques or could be somebody else, it doesn't make it legal, though, unfortunately."

He also warned that any attempts to cut off water and electricity or intimidate non-paying tenants can get landlords convicted and sentenced to two years in prison.

Shevelew advised property owners to communicate with the tenants first before they lawyer up. "As long as it's done in a non-intimidatory way. You approach them, and you say, 'Listen, I've got a bond to pay, there's a rental that you owe, you signed a lease agreement.' Be nice about it. But ultimately, if that doesn't work, and oftentimes it doesn't, you need to write a formal letter of demand.

"You need to say, 'Please pay. If you don't pay by a certain date (and it's a legal letter), we can sue you for money owed. And if you still have not paid by a certain other date, because of the Consumer Protection Act, we can cancel your lease and tell you to leave.' And only if they don't leave or don't pay, that's when legal action takes place."