Step-by-step eviction
The procedure begins when the renter substantially violates the lease agreement and proceeds as follows:
The landlord sends a notice to the tenant to correct the problem.
If the breach is not corrected, the landlord has the right to cancel the lease contract.
The landlord notifies the misbehaving renter of his intention to evict him through the courts.
The landlord petitions the court for a “tenant eviction order” against the tenant.
The tenant and the municipality with jurisdiction in the region get the “Tenant eviction order” 14 days before the court hearing.
A court hearing is held where the tenant must present a valid defense.
If a valid defense exists, a trial date is determined. If there is no legitimate defense, the sheriff is issued a “warrant of eviction” authorizing the sheriff to take the tenant’s property from the premises. ***
A trial is held, or the court sheriff removes the tenant’s belongings from the premises.
In South Africa, may a landlord remove you immediately?
The right to sufficient housing is recognized as an important basic human right in the Republic of South Africa’s Constitution. Without a court order, no one’s possessions may be seized from him or her, and no one may be evicted from his or her house.
In South Africa, how long does it take to evict someone?
In South Africa, the eviction process is lengthy. The procedure of unopposed eviction applications will take between 4 and 10 weeks. In contrast, if the occupant challenges the landlord, it could take up to 18 weeks to complete all legal procedures.
What should you do if a tenant refuses to vacate?
If the court confirms a possession order and tenants still refuse to leave, landlords must apply for an eviction warrant, which allows bailiffs to remove tenants from the property. A possession order will not be issued until tenants have lived in the residence for at least six months.
Can a tenant refuse to pay his or her rent?
Tenants frequently delay rental payments if they believe their landlord is not maintaining the property. This can backfire, thus it is advisable to handle the situation using the rule of law. This is the proper way to handle things.
In South Africa, how much notice must a landlord provide a tenant?
The tenant must be given two weeks’ notice before being evicted under the law. If the renter is a direct threat to the landlord, the landlord can seek a “summary judgment.” With a summary judgment, the sheriff can evict the tenant even if the case is still being considered in court.
Can I evict a tenant on my own?
You can, but it isn’t as simple as showing up, beating on the door, and demanding they go. Depriving someone of their right to a home is a serious matter that the courts treat very seriously, thus the main thing for a landlord wishing to evict a tenant is to follow all of the rules.
