For an eviction to be legal, it is crucial that the proper tenant eviction procedure be followed. According to the Prevention of Illegal Eviction Act, if the attempted eviction is carried out improperly, it would, at the very least, result in expensive delays and, at worst, the Landlord may be put in jail.
Types of eviction procedures for tenants in South Africa
There are three ways to evict a tenant:
standard eviction procedure.
Rapid eviction procedure.
State agencies with expertise in the eviction procedure.
How long does it take to get a judge to issue an eviction order?
Eviction procedures might literally take anywhere from 14 days to 6–8 months. I realize this is not the best response. The actual duration of an eviction is significantly longer than Depending on the specifics; primarily, it will come down to how compliant your tenant is.
How long does it take in South Africa to get an eviction order?
Even when the case is undefended, it will take at least four weeks to acquire an eviction order. This time frame might be anywhere from six months to a year if the matter goes to trial. The PIE Act and the eviction procedure must be thoroughly understood by your attorney because this is a very specialized area of law.
Can a landlord in South Africa evict you right away?
According to the Constitution, no one may have their property taken away from them or have their house evicted without a court ruling. It follows that Before evicting a person (“tenant”) from a property, the owner or person in control of the property (“landlord”) must file a court application.
How does a South African eviction notice operate?
Before issuing an eviction order during eviction proceedings, the court must take into account all pertinent considerations. Only a court order may evict someone from a home. Any other eviction than one that has been approved by a court is prohibited by law and is therefore illegal.
In South Africa, how much does it cost to evict someone?
The cost of an uncontested eviction ranges somewhere between R10,000 and R15,000. However, if the process drags on for months and turns into an opposed eviction, the price can rise to R100,000.
What a landlord Can’t do South Africa
A fixed-term lease can’t be terminated early by the landlord. The lease is judged to be a periodic lease if the tenant stays in the apartment after the stipulated term has ended with the landlord’s express or implied approval. Periodic leases may be terminated with one month’s written notice.
