Steps a landlord in South Africa must follow to evict a tenant for non-payment of rent.
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Steps a landlord in South Africa must follow to evict a tenant for non-payment of rent.
A landlord is dealing with a tenant who has not paid rent for several months. The landlord wants to initiate eviction proceedings but is unsure about the proper legal process. What are the legal steps a landlord in South Africa must follow to evict a tenant for non-payment of rent?
The legal steps to evicting a non-paying client are governed by the Rental Housing Act 50 of 1999, the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998, and the Consumer Protection Act 68 of 2008.
The Rental Housing Act serves as the cornerstone of landlord-tenant relationships in South Africa. This legislation outlines the rights and obligations of both parties, ensuring a fair and balanced approach.
The Prevention of Illegal Eviction and Unlawful Occupation of Land Act stipulates processes in evicting illegal occupants and prohibiting landlords from unlawfully evicting tenants.
As per the Rental Housing Act, landlords can only evict tenants for valid reasons, non-payment being one of them.
The following is a guide on what the Landlord is required to do:
- Review the Lease Agreement: Ensure that the lease agreement specifies the terms related to rent payments and the consequences of non-payment. This is important for demonstrating that the tenant has breached the agreement.
- Serve a Notice of Default: Before taking legal action, the landlord must serve the tenant with a notice of default, notifying the tenant of his breach. This notice should specify the outstanding amounts and provide a reasonable period (usually 20 business days according to the Consumer Protection Act) for the tenant to pay the arrears.
- Cancel the Lease Agreement: If the tenant fails to pay the arrears, the landlord may cancel the lease and demand that the tenant vacate on a specific date. Courts usually expect the landlord to give the tenant one month's notice to vacate.
- File an Application at Court: If the tenant fails to pay after the notice of breach, the landlord can apply to Court for an eviction order. Unopposed the process takes roughly 4-6 months, so it is important for the landlord to act timeously.
- Attend a Court Hearing: If the matter becomes opposed the parties will both need to file further affidavits, and legal practitioners on behalf of the parties must then argue the matter on a date determined by the Court.
- Obtain an Eviction Order: If the Court finds in favour of the landlord, it will issue an eviction order specifying the date by which the tenant must vacate the property.
- Enforce the Eviction Order: If the tenant does not vacate by the specified date, the landlord can request the sheriff of the court to enforce the eviction order. The sheriff will carry out the eviction according to the court's order.
- Ensure Compliance with the Law: It is crucial for landlords to follow all legal procedures to avoid delays or legal complications. Consulting with an attorney can help ensure that all steps are properly executed and compliant with the relevant laws.
By adhering to these steps and laws, landlords can manage the eviction process for non-payment of rent in a lawful and orderly manner.
Extract from Property 24
Author: Extract from Property 24
