Evicting a tenant - Abrahams & Gross Attorneys

As a direct result of the ongoing global pandemic, there has been a significant increase in non-paying tenants. When this happens, a landlord may want to consider evicting the tenant.

When is a landlord entitled to evict a tenant?

An eviction is the procedure whereby the landlord legally forces the tenant to vacate the premises. Apart from the non-payment of rental, the landlord would also be entitled to evict the tenant in the following instances:

  • When the lease has come to an end without it being extended and the tenant refuses to vacate;
  • If the tenant damages the premises; and
  • If the tenant uses the premises to conduct illegal activities.

What is the eviction procedure?

Before the landlord can proceed with the eviction proceedings they have to give the tenant written notice informing him/her of the cancellation, in which notice a date is given for the tenant to vacate the premises. Should the tenant fail to vacate the landlord is entitled to proceed with a formal eviction application, as follows:

Residential property:

By means of an application to Court in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act, 19 of 1998 (“PIE”).

Commercial property:

By means of a normal application, or summons, asking that the tenant be evicted.

Rural / Farmland:

By means of an application to Court in terms of the Extension of Security of Tenure Act 62 of 1997 (“ESTA”).

Speak to an evictions expert

Our attorneys have experience in all of the above applications and would be happy to assist with any queries you may have.

For Criminal Law, Litigation and Dispute Resolution expertise

Basilio de Sousa         basil@abgross.co.za

Juan Smuts                  juan@abgross.co.za

Henno Bothma           henno@abgross.co.za

Wesley Scheepers      wesley@abgross.co.za

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Disclaimer

The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.