Landlords What You Need To Know About The Eviction Process For Bad Tenants
It is very important for landlords to follow the correct eviction process in order to ensure that an eviction is lawful.
As per the Prevention of Illegal Eviction Act, if an eviction is attempted incorrectly the consequences could range from costly delays to possible landlord imprisonment.
3 Types of Tenant Eviction Processes in South Africa
In South Africa, there are 3 types of tenant eviction process practices:
Normal eviction process
Urgent eviction process
Organs of state specialised eviction process
Urgent Eviction Process
An Urgent Eviction Process is applicable to situations where landlords are able to prove, among other things, that imminent harm will be caused to their property by their tenant unless the tenant is evicted quickly.
The normal South African Tenant Eviction Process
A landlord may begin the eviction following a tenant’s serious breach of a lease agreement
The landlord will then serve a notice to the tenant requesting that they rectify their breach.
If no rectification transpires, the landlord is then able to terminate the lease contract and initiate eviction proceedings.
The landlord then notifies the tenant that they plan to evict them using the legal process through the court.
The landlord must then apply to the court to have a ‘tenant eviction notice’ issued to the tenant.
The court then issues the ‘eviction letter’ to the tenant and the municipality of that jurisdiction 14 days prior to the court hearing.
A court hearing occurs when a tenant is able to provide a valid defence to a legal eviction.
In the case where there is no valid defence, ‘a warrant of eviction’ is issued to the sheriff of the court giving them authorisation to remove the tenant’s possessions from the landlord’s property.
Alternatively, if the sheriff is not ordered to remove the tenant’s possessions, a trial will commence.
Further Important aspects in securing an eviction
If a tenant refuses to cooperate and vacate a landlord’s property, then the landlord is forced to initiate the eviction process.
In the case of a tenant wanting to defend their case, the landlord may attempt to obtain a summary judgment against the tenant.
In order to avoid any delays and possible issues, it is best for the landlord to contact an eviction lawyer.
Source: Greyvensteins Attorneys.