There are many resources about a Landlord’s obligations, duties and responsibilities. Yet it is difficult to find great information that also talks about the Landlord’s rights specifically related to evictions.
We understand that Landlords want information quickly and easily. This is why Eviction Lawyers South Africa provides simple and concise eviction information to help Landlords in the eviction process.
We invite you to contact us for tailored advice on how best to handle your eviction process, and find out why you should hire us to handle your evictions
Below are answers to Frequently Asked Questions (FAQs) about a Landlord’s Rights and Obligations in South Africa.
Yes. There are 3 possible Tenant eviction processes that can be followed. Each process has different requirements and conditions.
Only a person who has a special power of attorney from the owner to evict, or the owner of the property can make an application to court to evict a Tenant.
Here is some great information about the Tenant eviction procedure.
If the Tenant institutes a private prosecution, the Landlord can be found guilty of a criminal offence. If convicted the Landlord can receive a fine or be imprisoned for as long as 2 years.
A Landlord can only evict a Tenant with a court order.
No, only the court sheriff can remove an illegal Tenant from the property.
Yes, the courts can deem the Landlord to have consented if the occupier(s) openly resided or occupied the relevant property for one continuous year.
No. A Tenant can lay criminal charges against the Landlord if he/she tries to take the Tenant’s possessions without permission. However, a Landlord may sue a Tenant for any arrear rental, and may get a court order to repossess a tenant’s possessions.
A Landlord should know what a Tenant’s rights are in the eviction process
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