How To Get Rid Of Non Paying Tenants In South Africa
Tenant
A Tenant is one who has the occupation or temporary possession of lands or tenements of another specifically : one who rents or leases a dwelling (such as a house) from a landlord.
By failing to pay their rent, your tenant has broken the terms of their tenancy agreement, meaning you can serve them a Section 8 notice at any point in the tenancy. Your tenant may dispute the eviction, so you need to be ready with evidence of unpaid rent and your efforts to resolve the issue.When it comes to kicking out your renter, there are processes that you have to follow so that, in the end, you would not have put the law into your hands. As stipulated by the Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998, a landlord has to follow legislated procedure when he or she is dealing with tenants causing problems so that such could be evicted legally.
How To Get Rid Of Non Paying Tenants In South Africa
1. Call up the occupant The moment you notice a default in your tenant, the first step to take is to call him or her up and ask for payment. If the renter has a particular challenge that he or she is facing, you may both agree to when the payment would be made eventually.
2. Send a breach of contract letter if there is a default After you have both agreed on when the payment would be made and the renter defaults, the next thing that you can do is to forward a breach of contract letter wherein you will give seven days to remedy the default and also let the renter know your intention to take further steps if nothing is done. Note that the seven days notice is the stipulated date usually contained in a lease agreement South Africa.
3. You can send an intention to cancel the lease agreement If the payment is not made within seven days, you can send a notice of cancelling the lease agreement in a written form. Also, expected to be contained in the notice, is an instruction to vacate the property immediately
4. If the notice is absconded, seek legal assistance After you have done all those and yet, the occupant refuses to obey, then, your only choice is to take legal actions and get an eviction order
Frequently Asked Questions(FAQs)
What is the fastest way to evict a tenant in South Africa?
Apply to court to have a “Tenant eviction order” issued to the Tenant. The court issues the “Tenant eviction order” 14 days before the court hearing to the Tenant and the municipality that has jurisdiction in the area. Court hearing occurs where Tenants just need to prove that they have a valid defense.
Can a landlord evict you immediately in South Africa?
An eviction is illegal if there’s no valid court order provided to you by your landlord. The court order typically gives you 14-days notice before you have to leave your home. This means your landlord cannot simply throw you out on the same day they serve you with a flat eviction notice.
How much does it cost to evict someone in South Africa?
An unopposed eviction will cost you, as owner, at least R10 000.00 to R 15 000.00 and an opposed application more than R50 000.
How much notice does a landlord have to give a tenant to move out in South Africa?
Under the law, notice must be given two weeks in advance before the tenant is evicted.
Can a landlord evict you without a court order?
Can my landlord evict me without first going to court? No, your landlord usually cannot evict you without a court order. As long as you haven’t abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.
What if I can’t pay my rent in South Africa?
What Can I Do If My Tenant Doesn’t Pay Rent In South Africa? Call up the occupant. Default agreements need be acknowledged and breached in a letter. A lease agreement can be terminated by sending an ending oration.
How do you get rid of a tenant who is not paying rent?
5 Steps Landlords Can Take Against Non-Paying Tenants
- Have a conversation with your tenant.
- Inform tenants of contract breach.
- Decide whether tenants must be issued with an interdict or a cancellation.
- Eviction.
- Issuing the eviction notice.
Can I evict a tenant for not paying rent in South Africa?
However, while considering tenants rights without a lease South Africa, a landlord does not have the right to evict a renter all by him or herself. A notice of eviction must be served the tenant from the court.
How long does an eviction order take in South Africa?
The eviction process in South Africa is a long procedure. It will take around 4 to 10 weeks to complete the process of unopposed eviction applications. On the other hand, in instances where the occupier opposes the landlord, it may take up to 18 weeks to go through all the legal procedures.
Can a tenant be evicted during lockdown?
Can a landlord terminate services during the period of lockdown? No. Irrespective of the lockdown, a landlord is not entitled to terminate services without a Court Order. As a landlord will not be able to obtain such an Order during the period of lockdown, any termination of services will be unlawful.
How long does it take to get evicted for not paying rent?
From 1 June your landlord or letting agent has legal powers to serve an eviction notice. Your landlord cannot make you leave your home without giving you the appropriate notice. The notice period is usually four months, however sometimes this can be reduced to 2-4 weeks in serious cases.
Can you be evicted during lockdown Level 1?
Court Rules that Evictions Can Take Place Despite Lockdown Level 1.
What happens if I don’t pay my rent to a private landlord?
If you have rent arrears, your landlord may try and evict you. This is called seeking possession. To do this, in most cases they will need to follow a procedure which involves getting a court order. They can’t make you leave your home without going to court first.
Will a tenant pay rent after quit notice?
Once a notice to quit expires, there is no longer a landlord and tenancy relationship. By law, even though he is no longer regarded as a tenant to the landlord, the tenant is still expected to pay the rent he owes to the landlord whether he has been given a notice to quit or not.