Can A Landlord Lock Out A Tenant In South
No one is allowed to “take the law into his own hands; no one is entitled to deprive another violently or illegally and against his agreement of the possession of property, whether movable or immovable.” is a fundamental principle of our legal system. If he does, the Court will immediately reinstate the pre-dispute status quo and do so as a prerequisite to any inquiry or investigation into the dispute’s merits.
No matter how compelling your argument is against your tenant, a court will immediately order you (via a “spoliation order”) to let the tenant back in. It won’t look into whether the tenant’s occupation is improper or unlawful, nor will it look into other things.Your individual legal rights are covered by it. Only after you have properly requested eviction from your residence and followed all legal requirements will those inquiries be made.
Arguments in favor of canceling a tenancy agreement
Your renter simply needs to show one of two things in order to obtain a spoliation order:
“In peaceful and undisturbed possession of the contested premises,” and “deprived of that possession without consent or recourse to law.”
Causes of a tenancy’s termination
The tenant has disregarded their obligations.
The rental property does not meet the needs of the tenant.
The tenant’s use of the space must be for their own or their family’s needs.
The property is up for sale by the landlord.
The property will undergo significant renovations, and its intended purpose will change.
What occurs when a landlord evicts a tenant defying a court order?
The landlord may be found guilty of a crime if the tenant brings a private lawsuit. The landlord faces a fine or a maximum two-year sentence if found guilty.
Even if the landlord hasn’t explicitly said so, does a tenant still have permission to live there?
Yes. If the occupant(s) openly resided or occupied the relevant property for one consecutive year, the courts may assume that the landlord consented. The tenant does not require the landlord’s express written or verbal permission. This is referred to as implicit consent.
Is it legal for a landlord in South Africa to seize a tenant’s belongings as a down payment for the unpaid rent?
If the landlord tries to seize the renter’s belongings without authorization, the tenant may file a criminal complaint. However, a landlord has the right to sue a renter for unpaid rent and obtain a court order to seize the tenant’s belongings. If a landlord has cause to believe the tenant may flee without paying the required rent, they have a legal privilege known as the hypothetical tacit that permits the removal of property as security for unpaid rent without giving notice.
