In this article, we will explore the legal reasons for evicting, the standard eviction process in South Africa, and the legislation that protects both landlords and tenants.

LEGAL REASONS TO EVICT TENANTS

South Africa is currently facing a severe housing crisis, and our Courts are reluctant to contribute to the predicament. 

However, landlords have the right to evict if tenants breach their lease agreement. Valid reasons include non-payment of rent, refusal to vacate at the end of the lease, engagement in illegal activities, causing property damage beyond normal wear and tear, etc.

THE STANDARD EVICTION PROCESS

The eviction process typically begins with a formal letter of demand. In the event that the tenant fails to remedy the breach within the stipulated timeframe, the lease can be terminated, initiating the court process. 

This process involves notifying the tenant, applying for an eviction order, delivering notices, and, if necessary, obtaining a final court order for eviction – when just and equitable grounds for evicting have been provided to the court.

LEGISLATION PROTECTING BOTH LANDLORD AND TENANT

Understanding relevant legislation is crucial for landlords and tenants. The Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE Act) and the Extension of Security of Tenure Act (ESTA) address unlawful evictions in urban and agricultural areas. 

The Rental Housing Act and Rental Housing Amendment Act (RHA) regulate landlord-tenant relationships and provide dispute resolution mechanisms through the Rental Housing Tribunal. 

The Consumer Protection Act (CPA) safeguards tenants’ rights, emphasizing privacy, choice, disclosure of information, fair dealing, fair value, good quality, and safety.

CONCLUSION

Navigating the eviction process is complex. Should you have any questions or require assistance associated with evictions, please contact our offices.

The content does not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Kindly contact us on info@cklaw.co.za or 021 556 9864 to speak to one of our attorneys.