Eviction and Tenant Rights.
Understanding eviction process and tenant rights in South Africa.
In South Africa, the relationship between landlords and tenants is primarily regulated by the Rental Housing Act (RHA) and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The latter of these two deals with the eviction process. This article provides a comprehensive overview of the eviction process and tenant rights, ensuring that both landlords and tenants understand their legal obligations and rights.
Legal groundwork.
Evictions in South Africa must be handled lawfully, respecting both the property owner’s right to regain possession and the tenant’s right to due process. The PIE Act specifically protects tenants from being unlawfully evicted and ensures that evictions can only occur with a court order. The eviction process is primarily set out in Section 4 of this Act.
When Can a Landlord Evict a Tenant?
The eviction process allows a landlord to evict a tenant if:
- The tenant has breached the rental agreement, such as failing to pay rent on time or violating the lease terms.
- The lease has expired, and the tenant refuses to vacate the property.
- The property is sold, and the new owner wishes to occupy it.
The eviction process.
Notice of breach.
Before eviction process can occur, the landlord must first issue a notice to the tenant, specifying the breach and allowing the tenant an opportunity to rectify the situation (usually 20 business days).
Court application.
If the tenant does not rectify the breach, the landlord can approach the court to obtain an eviction order. The process includes:
- Filing an Eviction Application: The landlord must file a detailed affidavit stating the reasons for eviction and the steps taken to resolve the breach.
- Notice to the Tenant: The court will issue a notice to the tenant, informing them of the eviction application and the date of the hearing.
Court hearing.
During the hearing, both the landlord and the tenant have the opportunity to present their case. The tenant can defend against the eviction on various grounds, including arguing that it would lead to unjustified hardship.
Court order.
If the court decides in favour of the landlord, it will issue an eviction order, specifying the date the tenant must vacate the property. The sheriff must execute this order, ensuring that the eviction is conducted legally.
Tenant rights during the eviction process.
- Right to Privacy: Landlords cannot enter the rented premises without the tenant’s permission, except under conditions agreed upon in the lease.
- Right to a Habitable Property: Tenants have the right to a property that is in a habitable condition.
- Right to Deposit Refund: When they vacate the property, tenants are entitled to a refund of their deposit, less any costs for repairs that are needed due to damage they caused.
Illegal evictions.
Any eviction carried out without a court order, which is contrary to the eviction process, is illegal in South Africa. Tenants who are being evicted unlawfully can apply to the court for an interdict or spoliation order to halt the eviction and may also seek damages.
Conclusion.
Understanding the legal principles surrounding eviction process and tenant rights is crucial for maintaining lawful and respectful relationships between landlords and tenants.
For more information click here.
If you would like to learn about evictions where there is no lease click here.
For an additional perspective click here.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for errors, omissions, loss, or damage arising from reliance upon any information herein. Don’t hesitate to contact Meyer and Partners Attorneys Incorporated if you require further information or specific and detailed advice. Errors and omissions excepted (E&OE).
