For most landlords, tenant evictions are a last resort, due to the substantial expense, lengthy time and emotionally taxing nature of this complex process, but sometimes it becomes necessary to go this route.
While unpaid rent is just cause for ousting a problematic tenant, landlords must do their research and have an intimate knowledge of the law before initiating eviction proceedings, according to Grant Smee, MD of Only Realty Property Group.
“The Rental Housing Act of 1999 governs the relationship between landlords and tenants, outlining the rights and responsibilities of both parties,” he says. “Under this act, tenants can only be evicted for valid reasons recognised by the law, which constitute a breach of a lease agreement.”
These include:
- Persistent late or incomplete rent payments.
- Engaging in illegal activities on the property.
- Damage to the property.
- Tenant stays beyond lease agreement’s expiration.
“Ensure your lease agreement is in writing, as required by the 2022 Rental Housing Amendment Act. Verbal agreements won’t stand in court; only written agreements are legally binding,” says Smee.
Illegal grounds for eviction
Evictions are not allowed for discriminatory reasons (such as race, gender, ethnicity, religion, or sexual orientation) or as retaliation against tenants exercising their rights or complaining about living conditions. Tenants can also not be evicted for requesting repairs, forming an association, or resisting unauthorised rent increases. “If proper eviction procedures aren’t followed, the eviction can be deemed unlawful and challenged in court, even if the reasons for the eviction are valid,” Smee says.
The eviction process
The Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act) outlines the proper procedures for evicting illegal occupants:
1. Notice of the breach.
- When a tenant violates the terms of the lease agreement, the landlord’s first step should be to send a formal letter to the tenant for lease violations.
- Provide a specific timeframe for rectification (typically 20 business days).
- Failure to address the breach allows termination of the lease.
2. Lease termination and eviction notice
- If the tenant doesn’t vacate after lease termination, inform them of eviction intentions.
- Initiate the eviction process by filing a court application.
3. Eviction hearing notice
- The sheriff must personally deliver a notice of the eviction hearing to the occupier(s) at least 14 days before the court date.
- The notice should specify the hearing details and acknowledge the right to present a defence.
4. Eviction hearing
- All parties must attend.
- If the occupier(s) doesn’t appear, the court may proceed, potentially leading to an eviction order.
5. Eviction warrant
- If the landlord is successful, the court issues a warrant of eviction to the sheriff, authorising them to remove the tenant’s possessions from the property.
Keep a cool head
Grant Smee, MD of Only Realty Property Group
Ensure a successful eviction by having proper documentation and legal representation and avoid illegal measures like changing locks or removing possessions before the court’s judgement.
Legal costs for unopposed evictions can range from R25,000 to R35,000, excluding sheriff fees. That’s why it’s important to thoroughly review tenant applications, including credit scores, references, and background checks, to prevent issues down the line, Smee says.
