In South Africa, do you need to know how to evict a non-lease tenant from your property? What if your tenant won’t leave? As it turns out, this is a topic that has been touched upon. As a result, whether you own a property or are in charge of one, this article explains how to deal with a non-paying tenant without a lease and what you need to know about a renter’s rights.
Without a lease, how do you evict a tenant?
Landlords may want to evict tenants for a variety of different reasons. This could be due to the tenant causing damage to the property, staying in the property after the lease has expired or broken the contract’s rules on a regular basis, for example, late or nonpayment of rent is the most common cause. It is for this reason that this article will provide you with a step-by-step guide on how you can legally get rid of an unwanted tenant as a property owner.
How can I evict a tenant who hasn’t signed a contract?
When it comes to evicting your tenant, there are procedures that you must follow so that you don’t end up putting the law in your hands in the process. In order to legally evict troublesome tenants, a landlord must follow a prescribed procedure, as stipulated by the Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998. In this case, you must follow the following eviction procedures:
Let your renter know about the problem in writing so they can fix it. Because this is one of the tenants’ rights in South Africa, it’s extremely important.
As a landlord, you have the right to terminate the lease agreement if you notice that there has been no improvement.
The occupant should be informed that legal action is being taken against him or her.
A High Court or Magistrate’s court can order your tenant’s removal. No one can be evicted without a court order under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE).
South Africa’s court sheriff sends the tenant and the local municipality eviction notices after filing an eviction complaint. The court expects that if the renter has a valid defense as to why he or she should not be evicted, that should be made known.
Any valid defense will result in the setting of the trial date; if there is no valid defense, an “eviction warrant” is issued.
My tenant won’t leave. What can I do?
In most cases, a 30-day deadline is given to the tenant to vacate the property. It is possible, however, for the sheriff to use his authority to remove the renter’s possessions if they do not comply with the order within the specified time.
How do I evict a non-paying tenant?
A landlord can take steps to deal with a tenant who has fallen behind on rent before resorting to legal action. In the long run, a landlord may not need to hire a lawyer if they follow the steps outlined in this article.
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Make a phone call to the resident.
Your tenant’s default should be brought to his or her attention as soon as possible. It’s possible that you and the renter can come to an agreement on when the rent will be paid.
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If there is a default, send a breach of contract letter.
Next, if the renter defaults after you both agreed on a payment date, you can send a breach of contract letter informing him or her of your intention to take further action if nothing is done. A lease agreement in South Africa usually stipulates a seven-day notice period.
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It’s possible to send a notice of intent to terminate the lease agreement
A written notice of cancellation of the lease agreement can be sent if the payment is not made within seven days. The notice is also expected to include an order to vacate the property immediately.
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If the notice is not reverted, seek legal assistance.
If you’ve done all of that and the occupant still refuses to comply, your only option is to take legal action and obtain an eviction order.
What are my rights as a tenant in South Africa without a lease?
Tenants in South Africa have rights as well, according to the rental laws in South Africa, despite the fact that landlords own their properties.
As long as an occupant complies with the lease agreement’s obligations, he or she has the right to occupy the property.
Any changes, renovations, or anything else that will affect the tenant as an occupant must be discussed with him or her first.
Where an owner sells their property while the lease agreement is still in effect, the renter is entitled to remain in the property, regardless of who owns it.
When a lease agreement is about to be terminated, a minimum of one month’s notice must be given to the tenant. A 20-day notice is required under the Consumer Protection Act (CPA) for tenants to cancel their lease. However, keep in mind that this can vary depending on the lease agreement’s structure.
You must be given a “notice of breach” by your landlord if you are late in paying your rent, according to the lease agreement. Then, he or she must also give you a chance to pay up before you can be sued for the money.
However, a landlord does not have the right to evict a renter on his or her own. The tenant must be served with an eviction notice from the court system.
According to the provisions of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act, a renter with valid reasons for not being evicted has the right to be heard in court (PIE).
Conclusion
Finally, even though a landlord can decide what happens with his or her property after agreeing with a tenant, the landlord does not have the right to evict the renter on his or her own accord in any situation whatsoever.
How to Evict A Tenant Without A Lease in South Africa A notice of eviction from the court is the first step. In cases where the renter refuses to leave, the court sheriff has the authority to enforce the eviction process and remove the tenant’s belongings.
