With the rise and imminence of highjacked buildings in the CBDs of several metros in South Africa, there seems to be now a growing trend of unpaid rent accompanied by resistance to vacate the occupied property. Are you a property owner faced with a dreadful situation whereby a tenant is both refusing to pay rent and to vacate the property?
Steps To Take:
Guided by the Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998, a landlord is required to subscribe to the legislated procedure when evicting a tenant following the Law.
It is advised that as a landlord, you first attempt to communicate with the tenant to pay their outstanding balance before proceeding with the following legal steps:
1) First, notify the tenant in writing to rectify any breach (e.g. outstanding rent due), giving the tenant a time frame to rectify the relevant breach. If the time frame is not specified, then it will be 20 days according to the Consumer Protection Act 68 of 2008. If there is no lease agreement, then the tenant will be given one calendar month’s notice to rectify the breach.
2) If no rectification has occurred, then you as the landlord have the right to terminate the lease agreement. You will also need to notify the tenant that you have terminated the lease and give a date by which the tenant must vacate the premises.
3) If the tenant does not vacate the leased premises by the specified date, you, as the landlord, have a right to apply to court for an Eviction Order. The tenant needs to be informed that you will be proceeding with legal action.
4) You will now need to apply to the Magistrates Court or High Court (depending on the jurisdiction of the specified property) for an Eviction Order. You (the landlord) will be provided with a date and time for the eviction application to be heard.
5) The tenant, as well as the municipality in which the property is situated, must be served with written notice of when the eviction application will be heard. The authorized Sheriff must serve this written notice at least 14 business days before the eviction application is heard in court.
7) During the court hearing, the tenant will need to prove that he/she has a valid defense for not paying rent.
8) If the court decides that there is a valid defense, then a trial date will be set for the tenant to present his/her evidence. If there is no valid defense, a Warrant of Eviction is issued, which allows the Sheriff to remove the tenant’s possessions from the property
The solution?
Contact Manzankosi Corporate Legal Consultancy to provide you with legal assistance and representation.
Contact one of our attorneys by email via info@manzankosiclc.co.za or WhatsApp: 081 712 1114/067 147 2323
