Many landlords are skeptical of evicting tenants with rental arrears due to the litigious nature of such measures, however reality is there is a need for them to evict them so that they substitute them with a tenant who pays them so that they generate revenue. In the context of South African legislation, tenants are protected vigorously, therefore this article will detail how you can evict a tenant legally so.
Lawful Eviction Procedure:
The Rental Housing Act, Rental Housing Amendment Act 2014, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 1998 (PIE), and Consumer Protection Act – CPA all contain conditions that must be met before an eviction can proceed.
Do the Following:
- Serve notice on your tenant of the contravention of the lease agreement and give them the opportunity to rectify the contravention.
- If the contravention is not rectified in the stipulated time (regulated by legislation), terminate the lease contract and give a date for the tenant to move out of the premises.
- If the tenant fails to leave the premises, give notice to the tenant of your intention to evict through the courts.
- Apply to the court to have a tenant eviction order issued to the tenant.
- The court will issue the tenant eviction order to the tenant 14 days before the court hearing.
- A court hearing takes place. The tenant has the opportunity to put forward a defence.
- If the defence is valid, a trial date is set.
- If there is no valid defence, a warrant of eviction is issued to the sheriff, authorising them to remove the tenant’s possessions from your premises.
- Either the trial commences OR
- The sheriff arrives to remove the tenant’s possessions.
Authorize Manzankosi Corporate Legal Consultancy:
We are ready to act on your behalf. Our legal practitioners will ensure the correct procedure is followed by assisting you with administrative paperwork as well as court appearances. Contact us on 067 147 2323 / 081 712 1124 or email, info@manzankosiclc.co.za .
