Renting out an investment property is a great source of additional income – unless your tenant suddenly stops paying. If you find yourself in this situation, you need to act quickly and know your rights. Start with this quick Q&A and understand the three steps for evicting tenants. 

1. Can you evict a tenant for not paying rent?

If you have a watertight rental agreement that sets out the terms and conditions for paying rent, and the tenant stops paying rent, they will be in breach of that contract. So yes, you can evict the tenant for not paying rent.

2. Can a landlord evict you immediately in South Africa?

In South Africa, a landlord cannot immediately evict you without following the due processes. If the landlord has formally cancelled your lease agreement and asked you to move out, and you do not, they can go to court to get an eviction order. This process can take six to eight months. Also, if the eviction order is granted, you will likely get another 14 days to find new accommodation.

3. How do I get rid of a tenant without going to court?

If you send the tenant a formal letter, and they do not pay what is due by your deadline, you can cancel the lease and ask them to move out. If the tenant moves out, you both avoid going to court and additional legal costs.

Steps for evicting tenants for breach of contract

If the tenant does not vacate the property, then you can take out a court order to evict them for breach of contract. This process can take up to six months, during which your tenant can stay in your property and will probably still not pay rent.

Step 1: Decide whether to interdict or cancel

If tenants fail to rectify the breach – pay what is due – within the stipulated 20 days, as the landlord, you have two options:

• proceed with a summons (interdict the tenant) or
• cancel the agreement immediately.

If, after you have interdicted the tenant, they have still not made any effort to pay the outstanding rent, you are within your rights to cancel the lease agreement.

Step 2: The eviction process

Once the rental agreement has been cancelled, the tenant is no longer protected by the Prevention of Illegal Eviction Act because they are now illegally occupying your property. This means that you can legally evict your tenant. Once the lease is cancelled, which means there is no longer an agreement to enforce, you can start both the interdict and the eviction processes at the same time.

Word to the wise: for interdicts and eviction processes, it’s best to use the services of an appropriately experienced attorney.

Step 3: The eviction notice

The Magistrate’s or the High Court hear eviction applications and if they are unopposed, it takes between eight and ten weeks from the application until the eviction is granted. The tenant is usually given at least another 14 days to find new accommodation before the eviction order is executed – carried out.

Content by RE/MAX.

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