Evicting tenants from your property can be a lengthy and complex procedure regulated by legislation. Eviction is only legally justified under specific circumstances.
The following is an outline of the legitimate grounds for eviction and the proper steps to follow when you need to lawfully remove a tenant.
Valid reasons for eviction
Although South African law tends to favour tenants, landlords have the right to evict them if they breach their lease agreements. A well-documented lease agreement serves as the basis.
Legal reasons for eviction include:
- Non-payment of rent, either in full, on time, or altogether (rental arrears).
- Failure to vacate the property upon lease termination.
- Involvement in illegal or criminal activities.
- Damage to the property beyond normal wear and tear.
Standard eviction process
Although focusing on the standard eviction process, one can pursue an urgent eviction if the tenant poses a danger. Once you have established a breach of the lease agreement or any other valid reason, follow these steps:
- Step 1: Send a letter of demand.
Before commencing eviction proceedings, send a formal letter to the tenant, notifying them of the breach and requesting rectification within a specified timeframe (typically 20 business days). Make it clear that failure to address the issue will result in lease termination and potential eviction.
- Step 2: The court process.
If the tenant remains on the property after lease termination, you must obtain a court order for their lawful eviction.
This involves five key steps:
1. Notify the tenant of your intention to seek an eviction order in court.
2. Apply to the court for an eviction notice and a court date.
3. The court messenger delivers the eviction notice to the tenant and the local municipality 14 days before the court date.
4. If the tenant contests the eviction, the case proceeds to court.
5. If there are no legal grounds to prevent eviction, the court issues a warrant of eviction, authorising the sheriff to remove the tenant’s belongings from the property.
Common eviction pitfalls
Avoid handling evictions on your own, as errors in legal procedures can lead to legal fees and months of lost rental income.
Wait for the specified timeframes in all correspondence; rushing the process is unwise.
Never forcibly remove tenants or their belongings before obtaining a court judgment. This can lead to privacy infringements and delays.
Careful tenant selection is key to rental success. Involving a rental professional from the beginning can help secure a tenant you hopefully will not need to evict.
- Contact RE/MAX Diamond for assistance on 071-361-0900 or esti@remaxdiamond.co.za
