Eviction Law

Eviction of tenants, whether in legitimately rented properties or hijacked buildings, requires a sound understanding of the law. The law is very clear about what constitutes legal and illegal evictions and what landlords can and cannot do.

For a detailed breakdown of the eviction process, read this guide on evicting delinquent tenants.

Key Justifications for Eviction

According to attorney Simon Dippenaar, founder and director of Simon Dippenaar & Associates, eviction proceedings can begin when a tenant seriously breaches the lease agreement. Common justifications include:

• Non-payment of rent
• Causing damage to the property
• Engaging in illegal activities on the premises

The Importance of Lease Agreement Wording

The lease agreement plays a critical role in eviction proceedings. It outlines tenant obligations, and any breach—such as failure to pay rent—can form legal grounds for eviction. Even without a written lease, non-payment is a valid justification.

However, lease agreements must comply with legislation, including:

    <ul>
        <li><a href="https://www.gov.za/documents/consumer-protection-act" target="_blank">Consumer Protection Act</a></li>
        <li><a href="https://www.gov.za/documents/rental-housing-act" target="_blank">Rental Housing Act</a></li>
        <li><a href="https://www.gov.za/documents/prevention-illegal-eviction-and-unlawful-occupation-land-act" target="_blank">Prevention of Illegal Eviction (PIE) Act</a></li>
    </ul>
    <p>Key elements to include in a lease are listed in our <a href="https://www.privateproperty.co.za/advice/property/articles/the-rental-lease-agreement/9259" target="_blank">rental lease agreement guide</a>.</p>

Steps for a Legal Eviction

1. Serve notice to the tenant specifying the breach and give them an opportunity to rectify it.
2. If the tenant fails to comply, terminate the lease.
3. Apply to the court for an eviction order.
4. Attend a court hearing to present both parties' cases.
5. If the court grants the eviction order, the tenant must vacate by the specified date.
6. Should the tenant refuse, the landlord can request the sheriff to enforce the eviction.

Handling Tenant Disputes and Mediation

While mediation isn’t legally required, parties may use alternative dispute resolution methods to resolve disputes before pursuing eviction. However, if a tenant refers the matter to the Rental Housing Tribunal, landlords may be issued an interdict preventing further action until the hearing concludes.

Rental Agents and Eviction

    <p>Rental agents can act on behalf of landlords if granted a power of attorney, but it’s always advisable for landlords to work directly with an attorney to ensure the eviction process is handled correctly.</p>

What If Tenants Refuse to Leave?

If tenants refuse to vacate despite following due procedure, landlords can request the sheriff to enforce the eviction order. This may include physically removing the tenant and their belongings.

Evicting Tenants in Hijacked Properties

Evictions in hijacked properties present legal and humanitarian challenges. The PIE Act protects unlawful occupants from being evicted without due process.

Challenges include:

• Vulnerable occupants (elderly, children, low-income families)
• Courts requiring alternative accommodation arrangements
• Delays due to municipal resource constraints and housing backlogs
• Public protests and community resistance

For more on hijacked properties, read our guide on property hijackings.

Costs and Timelines of Eviction

Evictions can be time-consuming and costly, especially if the tenant contests the eviction. Legal fees, court costs, and sheriff fees can add up, and the process may take months unless urgent eviction proceedings are warranted.

Stay informed and ensure you follow the correct legal procedures when navigating tenant evictions to avoid unnecessary delays or complications.