Frequently Asked Questions
Property Protect® is a legal service powered by the experienced property law Attorneys at Maybery Attorneys Inc®. We've successfully handled all forms of property transactions and disputes for both commercial clients and individual property investors.
No - it's better. It's a legal service that makes eviction much easier without the high legal costs. You don't have to worry about us repudiating your claim like an insurance company might, unless you have engaged in criminal conduct.
It does not pay out any amount, like rental arrears (although it does include our legal service to collect those rentals for you).
Property Protect® is designed as pre-emptive cover. We do take pre-existing cases (defined as a claim arising before or within 3 months after signing up for Property Protect®), but you’ll need to make a co-payment calculated according to the risk profile of your case – around R7,500. It’s still less than half the normal cost of an eviction.
Currently, South Africa only. Property Protect® is available to landlords in any province of South Africa.
Statistically, a landlord is likely to have at least one eviction or arrears rental dispute every 3 years.
As the economy declines and unemployment climbs, more and more tenants can be expected to default on rent and occupy properties illegally.
Unless you’d prefer to pay full costs of eviction and arrears collection (R60,000 +), it’s a wise choice to cover your property.
In short, yes you should. Airbnb's Terms and Conditions are not designed to provide direct legal remedies in cases of illegal occupation or squatting. Their T&Cs classify the guest’s right to stay as a limited license, not a lease or tenancy. This is done in an attempt to help you make the argument that an illegal occupier never became a tenant in the first place.
Unfortunately, this is not enough. South Africa’s occupation and eviction laws stem from our troubled history, and protection is automatically given to the occupier of the property irrespective of the contractual nature of their occupation. Bear in mind that a contract cannot supersede legislation. This means that, despite Airbnb’s attempts to help, their Ts and Cs do not trump South African law.
Airbnb does not:
Physically remove or evict guests.
Provide legal assistance in eviction proceedings.
Cover losses due to illegal occupation under its Host Guarantee (which covers property damage, not squatting or lost income).
If you have an Airbnb property, it’s a wise choice to cover it with Property Protect®.
Nope, there's no catch. The country's property market is crying for a solution to unfair property laws that allow tenants to get away with murdering your investment. Property Protect® is the solution.
If there are ANY catches, it would be these:
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(a) We need you to spread the word.
There is a lot of work involved in evicting a tenant and collecting the arrears! Our Attorneys work long hours to make it happen. Property Protect® needs loads of property investors to sign up. Help us turn the property industry around by signing up another property or referring a friend.
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(b) Co-payments.
Property Protect® is designed as pre-emptive cover. If you're bringing us a pre-existing eviction case, you'll have to make a co-payment. It's still less than half the normal cost of eviction.
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(c) Evictions don't happen instantly if you do them LEGALLY.
Anyone who promises you they can get a tenant out in days or even weeks is doing something illegal, and you'll be held liable for their criminal conduct. Your tenant knows this and will use it against you at the first opportunity.
All evictions MUST be done in line with the Prevention of Illegal Eviction Act, and failure to do so amounts to criminal conduct with up to 2 years' imprisonment. We do it the legal way, and it takes at least 3 months. Accept that fact now, and cut your losses by starting the eviction process now rather than later - losing even more rental income.
