The Steps that Lead to an Eviction | A Comprehensive Guide
Category Advice
Renting a property can be a convenient housing solution for many individuals and families in South Africa. Given Steer & Co's experience in the residential and commercial letting arena, we have guided landlords when circumstances arise where they find it necessary to initiate an eviction process. Understanding the eviction procedures in South Africa is crucial for both landlords and tenants to ensure a fair and legal resolution. In this blog post, we will provide an overview of the eviction process for rental properties in South Africa. For a more detailed account of the Eviction Process see our blog post here.
- Reason for Eviction: The first step in initiating an eviction is for the landlord to have a valid reason. Common grounds for eviction include non-payment of rent, breach of lease agreement, illegal activities, or property damage. It is essential for landlords to gather evidence to support their case, such as an ingoing inspection with photographic evidence, payment history receipts, correspondence, or witness statements.
- Notice to Vacate: Before filing for eviction, landlords are required to serve a written notice to vacate to the tenant. The length of the notice period varies depending on the reason for cancelling the lease, and the type of lease agreement. Generally, notice periods range from 7 to 20 business days. The notice must be clear, specific, and include the reason for notice.
- Rental Housing Tribunal: If the tenant fails to vacate the premises after the notice period, the landlord can approach the Rental Housing Tribunal. The Tribunal serves as a dispute resolution forum for rental-related matters. Both parties will be given an opportunity to present their case, and the Tribunal will make a decision based on the merits and applicable laws. In our experience, this has not been a resource used by our landlord clients given the thin spread of resources to serve a significant number of complainants at the Rental Housing Tribunal, generally making this a lengthy, drawn-out process.
- Summons and Court Proceedings: If the tenant does not comply with the Notice to Vacate, the landlord can proceed to obtain a summons from the Magistrate's Court. The summons notifies the tenant of the legal action being taken against them and requires their appearance in court. It is essential to consult with an attorney during this stage to ensure the proper preparation of the necessary documents.
- Court Order and Eviction Order: If the tenant fails to respond or attend the court proceedings, the court may issue a default judgment in favour of the landlord. If the tenant disputes the matter, a trial will take place, and the court will consider all evidence before making a decision. If the court rules in favour of the landlord, an eviction order will be issued.
- Execution of the Eviction Order: Once the eviction order is granted, it must be served on the tenant by a sheriff. The sheriff will provide a specific date by when the tenant must vacate the property. If the tenant fails to comply, the sheriff will enforce the eviction by removing the tenant and their belongings from the premises.
- Eviction Costs: It is important to note that landlords are responsible for the costs associated with the eviction process. These costs may include court fees, legal fees, sheriff fees, and other related expenses. However, the court may order the tenant to reimburse the landlord for these costs if it is deemed fair and just.
Evicting a tenant from a rental property in South Africa is a legal process that requires adherence to specific procedures. Landlords must follow the correct steps, such as providing a notice to vacate, seeking assistance from the Rental Housing Tribunal, obtaining a court order, and executing the eviction order through a sheriff. It is advisable for both landlords and tenants to seek legal advice and understand their rights and responsibilities to ensure a fair and lawful eviction process.
It is important to partner with the right property practitioner to assist you in navigating sometimes complex procedures such as evictions, to ensure an efficient as possible outcome is reached.
Author: Nina Vass