The legal steps to evicting a non-paying client are governed by the Rental Housing Act 50 of 1999, the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998, and the Consumer Protection Act 68 of 2008.
The law that governs landlord-tenant relationships
The Rental Housing Act serves as the cornerstone of landlord-tenant relationships in South Africa. This legislation outlines the rights and obligations of both parties, ensuring a fair and balanced approach.
The Prevention of Illegal Eviction and Unlawful Occupation of Land Act stipulates processes in evicting illegal occupants and prohibiting landlords from unlawfully evicting tenants.
As per the Rental Housing Act, landlords can only evict tenants for valid reasons, non-payment being one of them.
Steps for a landlord to take
The following is a guide on what the landlord is required to do:
- Review the Lease Agreement: Ensure that the lease agreement specifies the terms related to rent payments and the consequences of non-payment. This is important for demonstrating that the tenant has breached the agreement.
- Serve a Notice of Default: Before taking legal action, the landlord must serve the tenant with a notice of default, notifying the tenant of his breach. This notice should specify the outstanding amounts and provide a reasonable period (usually 20 business days according to the Consumer Protection Act) for the tenant to pay the arrears.
- Cancel the Lease Agreement: If the tenant fails to pay the arrears, the landlord may cancel the lease and demand that the tenant vacate on a specific date. Courts usually expect the landlord to give the tenant one month’s notice to vacate.
- File an Application at Court: If the tenant fails to pay after the notice of breach, the landlord can apply to Court for an eviction order. Unopposed the process takes roughly 4-6 months, so it is important for the landlord to act timeously.
- Attend a Court Hearing: If the matter becomes opposed the parties will both need to file further affidavits, and legal practitioners on behalf of the parties must then argue the matter on a date determined by the Court.
- Obtain an Eviction Order: If the Court finds in favour of the landlord, it will issue an eviction order specifying the date by which the tenant must vacate the property.
- Enforce the Eviction Order: If the tenant does not vacate by the specified date, the landlord can request the sheriff of the court to enforce the eviction order. The sheriff will carry out the eviction according to the court’s order.
Ensure compliance with the law
It is crucial for landlords to follow all legal procedures to avoid delays or legal complications. Consulting with an attorney can help ensure that all steps are properly executed and compliant with the relevant laws. By adhering to these steps and laws, landlords can manage the eviction process for non-payment of rent in a lawful and orderly manner.
Speak to an eviction expert
An aggrieved landlord has legal recourse and options to choose from. Our Litigation and Dispute Resolution attorneys at Abrahams & Gross have considerable experience with non-paying tenants, breached lease agreements, evictions and recovery of arrear rentals – please contact us to assist.
For legal advice regarding Litigation and Dispute Resolution
Henno Bothma henno@abgross.co.za
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.