Expert property law attorneys and eviction attorneys
Eviction attorneys are required when you experience serious difficulty with your tenant who refuses to vacate your property or as a tenant, your landlord abuses your rights.
Despite telephone calls and e-mails, the situation becomes difficult to resolve. That’s where we come in.
As eviction attorneys, we appreciate that you could be at your wits’ end, and feel forced into a corner. At this point, it is crucial to understand the legal eviction process in order to resolve your property dispute as quickly as possible.
The correct tenant eviction process needs to be followed in order for an eviction to be lawful. 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.
Types of tenant eviction process in South Africa
There are three tenant eviction procedures:
- Normal eviction process
- Urgent eviction process
- Organs of state specialised eviction process
If the Tenant does not vacate a Landlord’s property willingly then the legal eviction process must begin. If you can prove, among other things, that imminent harm will be caused by your Tenant, if they are not quickly evicted, then an Urgent Eviction may be available to you.
Should the Tenant decide to defend his / her position, a summary judgement can be attempted to be secured against the Tenant.
The Tenant eviction process
The eviction process begins from when the Tenant seriously breaches the lease agreement:
- Landlord serves notice to the Tenant to rectify the breach.
- If no rectification occurs, the Landlord can terminate the lease contract.
- Give notice to the offending Tenant that the Landlord intends to evict the Tenant through the courts.
- Apply to court to have a “Tenant eviction order” issued to the Tenant.
- The court issues the “Tenant eviction order” 14 days before the court hearing to the Tenant and the municipality that has jurisdiction in the area.
- Court hearing occurs where Tenants just need to prove that they have a valid defense.
If there is a valid defense, then a trial date is set otherwise if there is no valid defense, a “warrant of eviction” is issued to the sheriff giving authorisation for the sheriff to remove the Tenant’s possessions off the premises.
A trial begins or the court sheriff removes the Tenant’s possessions off the premises.
There are many resources about a Landlord’s obligations, duties and responsibilities. Yet it is difficult to find great information that also talks about the Landlord’s rights specifically related to evictions.
We understand that Landlords want information quickly and easily. This is why our SD Law Eviction Attorneys are here to provide simple and concise eviction information to help Landlords.
A Tenant can lay criminal charges against the Landlord if he/she tries to take the Tenant’s possessions without permission. However, a Landlord may sue a Tenant for any arrear rental, and may get a court order to repossess a tenant’s possessions.
It is also very important that a Landlord should know what a Tenant’s rights are in the eviction process. We have set up a complete and legally binding lease agreement, both for your reference and for commercial use.
Read more: Lease Agreement South Africa
1) Are there different types of evictions that a Landlord has the right to use?
Yes. There are 3 possible Tenant eviction processes that can be followed. Each process has different requirements and conditions.
2) Can a Landlord’s relative apply to evict a Tenant?
Only a person who has a special power of attorney from the owner to evict, or the owner of the property can make an application to court to evict a Tenant.
3) What happens if a Landlord evicts a Tenant without a court order?
If the Tenant institutes a private prosecution, the Landlord can be found guilty of a criminal offence. If convicted the Landlord can receive a fine or be imprisoned for as long as 2 years.
4) Is it the Landlord’s right to change the locks of his property to prevent the troublesome Tenant from accessing the home?
5) Can a Landlord evict a Tenant?
A Landlord can only evict a Tenant with a court order.
6) Is it a Landlord’s right in South Africa to take a Tenant’s possessions to pay for the outstanding rent owed?
Need more help? We can help with your eviction
For tailored advice on how best to handle your eviction process, we are here to assist you in every possible way. We can immediately initiate effective legal procedures to evict your illegal occupier and have your dispute resolved as conveniently as possible.
We are available to take your call 24/7 – +27 (0) 87 550 2740
Simon Dippenaar Interview on SABC News
Simon Dippenaar discusses the potential land mark case is being heard in the Cape Town High Court. It case involves the illegal occupation of private land by tens of thousands of people.
The seven land owners want the court to order the City of Cape Town to buy the land as eviction would be near impossible given the sheer number of occupants.
We can advise you on the best approach for you to hold your tenant to account. It is best for the Landlord to take the correct legal procedure as early as possible to avoid delays and complications.
Click here to contact us now about evicting your illegal occupier.
Free Download – Lease Agreement Template South Africa
At Simon Dippenaar & Associates our attorneys strive to improve our community and uphold the law within our country. We believe in giving back.
Eviction Attorneys Who Make a Difference
“SD Law successfully negotiated with both a large rental agency as well as one of the largest media owners in the country (Independent Newspapers) on my behalf.
Not only were his legal services and diplomacy of the highest possible standards but I shall be forever grateful for the moral support offered by him throughout those traumatic few weeks.
Simon and his team are dedicated to upholding the law, and providing a service that is greatly beneficial to all those who need his services. Simon, thank you for the great work, your support has been undeniably beneficial!”
For more information on Cape Town eviction attorneys visit: www.evictionlawyerssouthafrica.co.za