EVICTION LAWYERS IN CAPE TOWN AND JOHANNESBURG
– Follow the correct procedure for evictions by having an attorney during the process –
WHAT IS THE CORRECT EVICTION PROCESS IN SOUTH AFRICA?
Eviction is the landlord’s removal of a tenant from a rental property. In some jurisdictions, it may also involve removing persons from premises foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage bond). The Constitution stipulates that an owner or a person in charge of a property (landlord) must apply to the Court before evicting a person (tenant) from a property. This means an eviction can only happen when a specific legal procedure has been followed and adhered to. To ensure that the correct legal process is followed, it is advised to deal with specialist eviction lawyers with the experience and knowledge to deal with your matter and save you time.
WHEN CAN A LANDLORD EVICT A TENANT
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).
The landlord must follow the correct legal process to evict the tenant. This includes giving the tenant notice and an opportunity to rectify the breach before proceeding with the eviction. The notice must also be served in the correct manner, and the landlord must apply to the Court for an eviction order.
It is also worth noting that the tenant has a right to challenge the eviction, and the Court may decide whether the eviction is fair and reasonable in all circumstances.
WHAT ARE THE NOTICE PERIODS REQUIRED BY LAW FOR EVICTIONS?
The notice period required for the eviction of a tenant varies depending on the reason for the eviction.
- If the tenant has breached the lease agreement, such as by failing to pay rent on time, the landlord must give the tenant a notice to remedy the breach, allowing the tenant to rectify the breach before proceeding with the eviction. The notice period is usually 14 days, but it may be longer if the breach is serious.
- If the tenant has used the property for illegal activities, the landlord must give the tenant a notice to vacate, usually 14 days.
- If the landlord requires the property for their own use or for the use of a close family member, the notice period is usually at least 90 days.
- If the landlord intends to demolish, renovate or alter the property, the notice period is usually at least 180 days.
- If the property has been sold and the new owner intends to use the property, the notice period is usually at least 90 days.
It’s important to note that the notice period may vary depending on the terms of the lease agreement and the jurisdiction where the property is located.
EVICT YOUR TENANT BY FOLLOWING THE CORRECT PROCEDURE.
OBTAIN AN EVICTION ORDER WITH THE ASSISTANCE OF JULIES ATTORNEYS INC.
Contact Julies Attorneys before taking any unlawful eviction actions.