A guide to handling evictions

Evicting a tenant is never an easy process. Following the correct procedures and seeking the advice of a rental expert will minimise the stress and streamline the process.

“The Prevention of Illegal Eviction from Unlawful Occupation of Land Act protects tenants from being unlawfully evicted. If the need arises, landlords must follow the correct legal procedures around evictions to ensure that the process runs smoothly,” said Adrian Goslett, the regional director and CEO of RE/MAX of Southern Africa.

If the agreed-upon payment date has passed, Goslett recommended that the landlord or managing rental agent immediately contact the tenant to inform them of the overdue payment.

“Do not let too much time pass before pointing out the late payment, and never let a late or missed payment go unnoticed. If the tenant facing financial difficulties, landlords may agree on a later payment date. However, they are not obligated to offer this,” he noted.

If the tenant continues not to make payments, the landlord or managing rental agent must issue a mora letter (also known as a letter of demand) to notify them that they have breached the lease agreement.

According to the Consumer Protection Act (CPA), landlords must provide a notice of at least 20 business days to their tenants to allow them to rectify the breach.

Once the timeframe has lapsed and payment has still not been received, the landlord can cancel the lease and begin the eviction process if the tenant refuses to vacate the property.

“Throughout this process, it is advisable to seek legal counsel to ensure that the correct procedures are followed.

Acting outside of the law to force a tenant to vacate will only further delay the eviction process and could provide the tenant with more reason to cause delays if the matter goes to court,” Goslett advised.

He also recommends that landlords involve a rental professional from the beginning of the tenancy.

“As experts in the industry, real estate professionals have the tools and expertise to properly vet tenants and manage the billing process to minimise the risks posed to the landlord,” Goslett concluded.

• Info: www.privateproperty.co.za/Kayla Ferguson.

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