This field is for validation purposes and should be left unchanged. However, tenants do sometimes leave unwanted items behind, and unfortunately your final joint inspection wont reveal these, as the walk-through is usually done before the tenant moves out. As stipulated by the Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998, a landlord has to follow legislated procedure when he or she is dealing with tenants causing problems so that such could be evicted legally. 04 May 2022 by Kavita Kooverjee SchoemanLaw Inc. When moving out of the property, conduct an inspection together again. Whenever possible, you should try to avoid going through this process. However, in legal terms, it is a bit more complex. Always ask to see original ID. Or do you need advice on what to do when your tenant refuses to vacate your property? Credit checks will tell you about past solvency but they dont reveal anything about the character of the applicant. You can send an intention to cancel the lease agreement. If the application is approved, it will take between 8-10 weeks for the eviction order to be granted. In other words, both the tenant and the landlord must play fair. The property includes any outbuildings, such as a garage, and even the garden area. How do I blacklist my tenant? Check it out - ASK SOUTH AFRICA Tel: +27 86 099 5146 Cell: +27 76 116 0623 Fax: +27 86 269 6891 Email: simon@sdlaw.co.za, Radio House, 2nd floor 92 Loop Street Cape Town, City Centre, Regus, 4th floor, The Firs Cnr Cradock and Biermann Avenue Rosebank, 2196, Johannesburg. A lot of reasons could warrant a landlord to want to evict his or her tenant. After applying, the court would issue an eviction notice South Africa through the court sheriff to the tenant and the municipality who is in charge of the area. The act applies to the occupation of premises which constitute a dwelling, which in the case of a landlord and tenant relationship would be the residential property. All Rights Reserved. Please refer to our, Top 21 rent collection towns during lockdown, How landlords can meet tenants halfway, as 24% of rental market faces distress, Real estate professionals optimistic about the future of the rental industry, Landlord/Tenant: Tips on how to avoid conflict over rental maintenance and repairs, Here are 3 steps to help you resolve rental disputes, Revamp your kitchen on a budget: Smart strategies to save money on renovations, July interest rate announcement predictions | 7 money-savvy tips for homeowners and buyers, Invest in a piece of paradise: Coastal plots for sale in Franskraal and Hermanus. You do have to be careful with this strategy, though. According to the CPA, landlords are required to provide a notice of at least 20 business days to their tenant to allow them to rectify the breach. We dont live in an ideal world, but these tips will help to reduce the likelihood of having to travel down the eviction road. Rental housing law and tenants rights are covered in several pieces of legislation, and a landlord wanting to evict a tenant must follow the correct procedure. In most cases, these people eventually transition into home ownership or reach a point where they can afford to move up in house. While it can be a lengthy process to evict tenants who dont pay their rent, there are procedures in place to make sure that both the tenants and the, Integral to ensuring a return on your investment (ROI) in a rental property is finding and retaining the right tenants. If there are any inconsistencies or vague words, you may have trouble pursuing legal action if something serious were to happen. Either party may cancel the lease, and the terms under which this can be done should be set out in the lease. Want to know how to get out non-paying tenants? The tenant may put forward a defence. But landlords cannot simply evict a late-paying tenant, correct procedure must be followed. If the unlawful occupier/s fails to be present at the eviction hearing, the court may postpone the hearing or proceed with it in his/her absence. PAIA Policy. Three ways to collect rental arrears from tenants The landlord is responsible for ensuring the property is habitable before the tenant moves in. What information should be included on the lease? Theres always the chance that you raise the rent and the tenant decides to stay. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. How to evict a tenant without a lease in South Africa 2023? The landlord. Legal Disclaimer | If, after the summons is issued, the tenant has still not made any attempt to pay the outstanding rental amount, you are within your right to cancel the lease agreement. Step 2: Provide notice of contract breach. does not pay what is due by the time your 20-day deadline has expired), you can legally terminate the lease and ask them to leave. Before any changes, renovations or whatever can be carried out on the property, the tenant reserves the right to be consulted on issues that will affect him or her as an occupant. Apply for eviction from either a High Court or Magistrates Court. To learn more, see our Cookie Policy. However, in legal terms, it is a bit more complex. It is common practice in South Africa for landlords to give tenants two weeks to find other . How To Evict A Tenant: An 8 Step Process To Follow In 2023 by Jeff Rohde, posted in Investment Strategy Every once in a while, the time comes when you may need to evict a tenant. Another option is to raise the rent. What Is A Squatter? Taking the right precautionary measures from day one is imperative for landlords. Copyright Private Property South Africa (Pty) Ltd. 1997 - 2023. Make sure you read up on the rules, because in some jurisdictions, you need a reason to do so. if they move out swiftly, you can get a paying tenant in as quickly as possible and your property can resume its rightful role as an income-earning asset for you. The longer you take to act on a late or missed payment, the longer it will be before you can legally evict a tenant who continues to miss payments. 512-900-8386 Commercial Lease Eviction: Everything You Need to Know - UpCounsel Until you are absolutely certain the tenant is not coming back for their things, or sufficient time has passed to render it unlikely, keep the goods safe and sound. If the tenant is facing financial difficulties, you may agree on a later payment date - however, youre not obligated to offer this. The period until an eviction begins can vary. However, there are exceptions and in these instances landlords have to take further action, again sooner rather than later. When dealing with residential leases, the most common reasons for eviction cases include: Non-payment of rent 5 Steps Landlords Can Take Against Non-Paying Tenants Its in your interests if at all possible to avoid going to court. Apart from the fact that landlords have right over their properties, it is also good to know that based on the rental laws in South Africa, tenants also have their rights as they occupy the property. 5 Things to Know Regarding the Eviction Process in South Africa - LinkedIn If the notice period lapses without the tenant making any payment, the landlord may choose to proceed to issue a summons with an automatic rent interdict. Feb 5, 2023 If you're feeling more than a bit guilty over the prospectwell, don't be so hard on yourself: You have plenty of company on this one. This field is for validation purposes and should be left unchanged. Please refer to our, Knowing your rights and obligations as a tenant can save you money, 'I'm still waiting for my deposit refund and signed inspection report, what can I do?'. Inter-provincial travel is permitted, while public gatherings are restricted to 750 people indoors and 2 000 people outdoors. Sometimes the way public holidays fall affects when the funds reflect in your account, or as has happened, there is a bank system problem that also impacts the rent arriving in your account. Also, its a common practice in South Africa to provide the tenant with at least another 14 days to find new accommodation before the eviction order is executed. Calculating The Damage Caused By Squatters Risk #1: You Will Lose Money Risk #2: Your Property Will Likely Be Damaged Risk #3: Valuables May Go Missing Risk #4: Additional Bills Will Pile Up Risk #5: Adverse Possession How To Evict A Squatter If the application is unopposed, it can take between 8 to 10 weeks for the eviction order to be granted. Based on the steps discussed below, eventually, a landlord may not have to seek legal assistance. If tenant remains in rental unit, they will be forcibly removed. Founder Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa, with offices in Cape Town, Johannesburg and Durban, representing South African and international clients. Note that the seven days notice is the stipulated date usually contained in a lease agreement South Africa. On the other hand, there are legal costs involved. By law, if movables have been left behind and you have taken reasonable steps to be sure the tenant has permanently left the property and abandoned the movables, you are within your rights to sell or dispose of the items as you see fit. Once the lease is cancelled, you can initiate the summons proceedings and the eviction proceedings simultaneously. Rental housing law and tenants rights are covered in several pieces of legislation, and a landlord wanting to evict a tenant must follow the correct procedure. document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); 2500 Tanglewilde St, Suite 306 It merely ensures that the eviction process is followed in the correct manner according to legislation and that tenants are treated with respect, says Goslett. Follow these steps to ensure your tenant verification is legitimate: Awritten leasewill prevent disputes over who said what? and will become a legal requirement when the Rental Housing Amendment Act comes into force. In addition to applying for the tenants eviction, the landlord will be entitled to issue summons for the recovery of any arrear rental. Also, its common practice in South Africa to provide the tenant with at least another 14 days to find new accommodation before the eviction order is executed. If there is no valid defence, a warrant of eviction is issued to the sheriff, giving authorisation for the sheriff to remove the tenants possessions from the premises. It is also a good idea to send an email and/or take the letter by hand as a back-up, giving the tenant 20 business days * to rectify the breach and notifying that should they fail to do so, the lease will be cancelled ** and the tenant required to vacate. Let the occupant know that you are about to take legal actions towards his or her eviction. This application can either be made to the Magistrate's Court or the High Court. Dont let the possibility of a defaulting tenant stop you from making your investment property work for you - enlist the help of your local RE/MAX Office for a stress-free rental process. Finally, avoiding disputes is better than settling them. Before entering into a lease agreement, seek advice from an experienced real estate agent or attorney to avoid unnecessary situations with your tenants. Extension of Security of Tenure Act ESTA, Organs of state specialised eviction process. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. We represent both landlords and tenants and firmly believe that the tenants right to adequate and comfortable housing must be balanced with the landlords right to receive a fair rental and respectful treatment of the property. After issuing this, the court expects that if the renter has a valid defence as to why he or she should not be evicted, then, that should be made known. This act was introduced to ensure that tenants were protected from being unlawfully evicted from a property and that the correct procedure are followed during the process. Tenants' Legal Rights & Duties FAQs | Landlord - Tenant - Justia Notify your renter in writing to rectify whatever breach that may have taken place. All rights reserved | If you cant reach them via cell phone, check the references provided when the lease was signed. In case the tenant defaults and the landlord is moved to get rid of the renter, the law expects that the steps on how to evict a tenant without a lease in South Africa must be followed. Contact the employer or previous landlord. The costs will depend on the nature of the eviction. According to the PIE Act, the landlord will then be able to evict their tenant legally. R10 000 15 000, it may not be worth pursuing. Cookie Policy | Chat with your tenant immediately to find out what has caused the delay. What each party is responsible for, e.g. "The first step that one should take in the unfortunate situation of a non-paying tenant is to look at the lease agreement. Only the sheriff may take any physical action against the tenant. Both parties should sign this list. If, after the summons is issued, the tenant has still not made any attempt to pay the outstanding rental amount, you are within your right to cancel the lease agreement. In this case, the landlord must give the tenantnoticeof the breach and a chance to rectify itfor example, if there are rent arrears, an opportunity to make good the rent due. At Alert level 3, Landlords can issue notices for eviction, but cannot enforce them. Call past landlords. We have particular expertise in rental housing law and the eviction process. There is also the question of cost. 713-600-5999, 901 Mopac Expressway South, Barton Springs Rd Building 1, Suite 300, Austin, TX 78746 No yelling, no screaming, and no finger-pointing. If payment is not made after bringing it to the tenants attention, draft a formal letter to notify them that they are in breach of contract (more on that below). Talk to your tenant about the issue. The application to evict an illegal occupier must be made to either a Magistrates Court or the High Court. If the landlord has formally cancelled your lease agreement and asked you to move out, and you do not, they can go to court to get an eviction order. While the eviction order may be granted on the date of the hearing, it is common practice in South Africa to provide the tenant with at least a month to find other accommodation. Although not a legal requirement in South Africa, you would be wise to store the belongings for a reasonable amount of time, safely and securely, and allow the tenant to reclaim the items within that time frame. Its often very tempting to go it alone in the mistaken belief that handling the business of renting out the property yourself, will save you money. Summer inspections may take longer. How to Evict a Tenant as Quickly as (Legally) Possible: 5 Steps What to do if your tenants are not paying rent 31 Aug 2021 Landlords are understandably stressed about outstanding rental payments from a tenant. Tenant Eviction | How To Get Out Non-Paying Tenants - YouTube In the case of a valid defence, a trial date would be fixed, but if there is none, then a warrant of eviction would be issued. If a tenant falls intorent arrears, common law grants the landlord tacit hypothec over the tenants goods on the property. Whatever the reasons(s) may be, what seems to be the most common among them all is late or nonpayment of the rent. However, while considering tenants rights without a lease South Africa, a landlord does not have the right to evict a renter all by him or herself. While you may succeed in evicting the non-paying tenant, eviction itself may not result in settlement of the outstanding debt. In fact, the landlord can actually initiate the summons proceedings for outstanding rent and the eviction proceedings simultaneously, provided the lease has been properly cancelled. But tenants should be tolerable meaning they respect your property, follow the rules, and pay on time. This is according to TPN Credit Bereau, further revealing The top 20 towns in SA to achieve over 80% good standing ratio over the lockdown period namely - Grahamstown, Elasia, Durbanville, Verulam, Wellington, Evandor, Sasolburg, Lephalale, Bela Bela, Centurion, Somerset West, Port Elizabeth, Berthasdop, Randvaal, Brackenfell, Robertson, Heidelberg, Worcester, Scottsburgh South and Melkbosstrand. Join 100s of satisfied clients in choosing the eviction lawyer with a track record of success. Problem tenants? These are the only conditions for eviction right now If possible, contact the landlord two or three tenancies past. Reference check all adults who will be living in the property, not just the person signing the lease. The Rental Housing Tribunal (RHT) assists in resolving disputes that arise between landlords and tenants. cancel the agreement immediately. Attend the hearing. This means that you can legally evict your tenant. However, note that this can differ based on the structure of your lease agreement. 4. Free Eviction Notice (Notice to Quit) Templates | PDF & Word Here are the steps to follow, which can, ultimately, lead to a legal eviction: Because the monthly payment date forms part of your rental agreement which must also comply with the Consumer Protection Act when a tenant doesnt pay on time, they are technically in breach of contract. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. If the attempted eviction is done incorrectly, as per the Prevention of Illegal Eviction Act, then this will at the very least cause costly delays, and at worst the landlord can be imprisoned. The South African Eviction Process: Week 1 - Week 3: The tenant or occupier is placed in breach of the lease agreement, and the lease is cancelled. Your email address will not be published. Section 32 allows a landlord to apply for the attachment and, in certain circumstances, for the removal of a tenants movable goods in the leased premises, in lieu of rent owed. Even if this tenant has a history of doing similar things in the past, attempt to understand where theyre coming from. If there is no written lease, the landlord must give a full calendar months notice. Once the notice has expired, the landlord can file a complaint . This is very important because it is one of the tenants' rights in South Africa. According to the CPA, landlords are required to provide a notice of at least 20 business days to their tenant to allow them to rectify the breach. The tenant is either not responding to your calls or is coming up with a multitude of excuses as to why he cant pay the rent and makes endless empty promises as to when the payment will be made. Order for eviction is executed (tenant is removed). Before entering into a lease agreement, seek advice from an experienced real estate agent or attorney to avoid unnecessary situations with your tenants, says Goslett.
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