Are you following the correct procedure in evicting your tenants?

A landlord can only evict a tenant under specific circumstances as outlined in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). These include:

1. If the tenant has breached the lease agreement, such as by failing to pay rent on time or by causing damage to the property.
2. If the tenant has used the property for illegal activities.
3. If the landlord requires the property for their own use or for the use of a close family member.
4. If the owner/landlord intends to demolish, renovate or alter the property.
5. If the property has been sold and the new owner intends to use the property.

The owner/landlord must follow the correct legal process to evict the tenant. This includes giving the tenant adequate notice of any breach of contracts such as the non-payment of rent, as well as the notice of the intended eviction.

The notice period required for evicting a tenant varies depending on the reason for the eviction.

A few guidelines around notice periods include:

a. If the tenant has breached the lease agreement, such as by failing to pay rent on time, the owner/landlord must give the tenant a notice to remedy the breach. Such a notice period is usually stipulated in the lease agreement and may vary from 7 to 14 days, but it may be longer if the breach is serious.

b. If the tenant has used the property for illegal activities, the owner/landlord must give the tenant a notice to vacate, which is usually no less than 20 working days.

c. If the owner/landlord requires the property for their own use or for the use of a close family member, the notice period various and it can be 90 days or more.

d. If the owner/landlord intends to demolish, renovate or alter the property, the notice period can vary from 180 days and more.

e. If the property has been sold and the new owner intends to use the property, the notice period is contract dependent and can include 90 days or more.

It’s important to note that the notice period may vary depending on the circumstances, the terms of the lease agreement and the jurisdiction where the property is located for example properties located in and around farmland or those located in and around cities.

If the tenant fails to comply with the notice to evict, landlords/ homeowners may proceed with a court application for the eviction. This involves filing an eviction application at the appropriate Magistrate’s Court. The court will then evaluate the evidence presented by both parties before making a decision.

It is always best to consult a lawyer such as Julies Attorneys’ eviction lawyers in Cape Town and Johannesburg to ensure that the correct legal process is followed for your eviction matter.