How Much Does An Eviction Order Cost In South Africa?
In South Africa, there are specific laws that govern the process of evicting a tenant. Evictions can be time-consuming, frustrating and expensive for landlords. This is because the cost of an eviction order process may include a wide range of expenses from legal fees to security deposits to compensation for loss of rental income and more. For this reason, landlords need to have in mind all the costs involved before taking the first step towards an eviction.
What is an Eviction Order?
An eviction order is a legally-binding order that lets an authorized body remove a tenant from a property. In South Africa, the process of eviction is called ‘unlawful detainer’. In most eviction orders, the law enforcer will have to physically remove the tenant from the property. If there is any resistance from the tenant, the law enforcer may have to use force to remove them. They will also take all the necessary steps to protect the property from damage and vandalism.
How much does it cost to evict a tenant in South Africa?
The costs of an eviction in South Africa depend on several factors, including the type of eviction you choose and how complex the eviction is. It’s also important to remember that these costs will vary depending on the complexity of your case. The amount of time that the eviction takes is one important factor that will have an impact on costs. If you have a tenant who has been evicted for failing to pay rent, then the costs will depend on the type of eviction you choose. If you choose to evict the tenant without a court hearing, then you will have to pay the sheriff. This means that the costs for this type of eviction are typically much lower than if you choose to have a court hearing. If you have a tenant who has been evicted for some other reason, then the costs will depend on the complexity of the case. If you have a normal eviction, then the costs can range between R1500 and R2000. If you have a complicated eviction order, then the costs can range between R8000 and R12000.
Types of Eviction Costs
Rent deposit – Deposits are usually 10% of the monthly rent and can be used to secure the bond if the tenant doesn’t pay the rent. The landlord must first serve the tenant with an eviction notice that states the amount of the deposit. Rising costs – When a tenant moves out, the landlord must protect the property from damage and vandalism. This can cost a landlord between R600 and R700. Sheriff’s fees – Depending on the complexity of the eviction, the sheriff will charge between R1000 and R1500 to evict a tenant. Court costs – Depending on the complexity of the case, a landlord may have to pay between R1000 and R2000 to get a court order. This includes the court fees, the sheriff’s fees and the costs of serving the eviction order to the tenant.
Legal Fees
In most eviction cases, the landlord will need to hire an attorney to represent them in court. This can cost landlords between R10,000 and R12,500. Another important cost to keep in mind is the cost of hiring a bailiff to remove a tenant from a property. The bailiff must be issued an eviction order by a court. This means that he will need to physically remove a tenant from the property. The cost of hiring a bailiff can range between R5,000 and R12,000.
Security Deposit
A security deposit is usually given to tenants at the start of a tenancy agreement to cover damage to the property caused by the tenant. In most cases, the deposit is returned to the landlord after the tenant has paid all their rent. Eviction costs can vary depending on the type of eviction you choose. If you choose to have an expedited eviction, then the security deposit can be used as liquidated damages. This means that you can use the deposit as compensation for the loss of rental income.
Compensation for Loss of Rental Income
If a landlord evicts a tenant who was renting a property, then they may have to pay a portion of the rental income as compensation. This can range between 25% and 50% of the monthly rental income. This can add up to a large amount of money. If a landlord has to pay for lost rental income, then they will have to pay it to the tenant. In most eviction cases, the sheriff will have to remove the tenant from the property and will have to pay for any damages to the property.
Other Costs
Court costs – Depending on the type of eviction you choose, you may have to pay court costs between R1000 and R2000. Travel costs – When you have to travel to court, then this can cost you between R300 and R500. Deposit for a bailiff – Depending on the type of eviction you choose, the bailiff may charge a deposit of between R1,500 and R5,000.
Summing up
In this article, we’ve discussed the costs of evicting a tenant and how much they may cost depending on the type of eviction, the complexity of the eviction, and the lost rental income of the eviction. If you want to evict a tenant, you need a court order that gives the sheriff the authority to remove the tenant and protect the property from damage. The costs of this process can vary depending on the type of eviction and how complex it is.
