Evicting a tenant may be a frustrating and stressful experience for landlords, but it is a necessary process in order to ensure that your property is well taken care of and to protect your investment from damage. However, the eviction process in South Africa is strictly regulated by the law, and it's essential to follow the right procedures to avoid legal trouble. This article will guide you through the steps to take when evicting a tenant in South Africa.
Grounds For Eviction In South Africa
Before you can start an eviction in South Africa, you must have grounds for doing so. There are several grounds for eviction, and they depend on the type of lease, but the most common include rent arrears, property damage, or violation of terms spelled out in the lease agreement. Facilities or Services supplied with a rental agreement is also grounds for legal eviction for the landlord by the tenant's failure to pay rent. In such cases of frequent absconding tenants or caretakers to evade being served with an Ejectment Order, a court interdict for delivery can be sought which simplifies the service of the Ejectment Order.
Sending A Formal Notice
Once you have established grounds for eviction, you must send a formal notice to the tenant stating your intention to terminate the lease agreement. The notice must be in writing, and you need to abide by the agreed notice period set out in the lease agreement. The notice must also be delivered to the tenant in person or be sent using a registered mail or through email and carbon copied (cc'd) to a mailbox where you are sure the message cannot fail to reach the tenant. During COVID-19, where the Virtual Court system is being increasingly utilised, emails with a read receipt requested or Whatsapp messages can also be used and saved by sending them to oneself as well as to the tenant so that the saved message clearly shows the exact message sent and to whom.
Filing A Complaint
If the tenant does not respond to the notice, you can file a complaint with the Rental Housing Tribunal. The Tribunal will then set up a hearing and try to mediate between the landlord and the tenant, and a mediator will assist both parties to come to a mutual agreement or resolution. If Common Ground cannot be reached, the process then goes on to a tribunal hearing or an arbitrator is appointed where the dispute is arbitrated.
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Going To Court
If the Rental Housing Tribunal is not able to resolve the matter or if the tenant remains in default or breaches the lease, the matter can be taken forward to a court of Law. It is critical that you have proof of the tenant's default, for example, by producing copies of the lease agreement statements or receipts showing that the tenant is behind in rent payments or conducting inappropriate behavior. The court will listen to both the landlord and tenant's sides and make a decision based on the evidence and facts presented.
Waiting Periods At The Court
It is worth mentioning that litigations have been affected by backlog quantities at Magistracy levels due to COVID-19, so waiting periods have been longer than usual. Listing of cases has improved since August 2021, and it is advised to keep in contact with the relevant personnel handling your case.
The Eviction Order Process
Once the Court rules in favour of the landlord and the eviction order is granted, the tenant will need to vacate the property within a deadline of a maximum of 14 days'. Failure to do so will result in the landlord obtaining a Warrant of Eviction from a Sheriff of the Court, which grants permission to have a Sheriff of the court removes the tenant and their belongings from the property.
Updating Credit Records
It is essential to inform the tenant that their name will be updated on the credit bureau if they do not adhere to the eviction order's terms as it may have lasting consequences for their credit rating.
Conclusion
Evicting a tenant is a process that requires a great deal of patience and adherence to regulations. When the right steps are taken, the outcome can be favourable to the landlord, which provides them with the justice they rightfully deserve. In case where the tenant is being evicted due to non-payment of rental payments and has a valid grounds for non-payment, they should approach an accredited Credit Provider or a registered Debt Counsellor for assistance.
