Category

Tenants

Oct 07
0

Single mother faces eviction threat after 30 years in family home

By | Eviction news, Evictions, Tenants

Shanaaz Dyason, 40, claims that the City of Cape Town is attempting to remove her from the house she has lived in for the past 30 years.

Reprinted from iol.co.za, by Marsha Dean – 2024-10-05

The property, located on Fir Tree Road, originally belonged to her parents, who were forcefully removed by the Apartheid government and relocated to flats in Lavender Hill.

In 1994, the family was permitted to return to their home, and since then, Dyason has resided there with her three children and grandchild.

Dyason has faced ongoing issues regarding the transfer of the house into her name for the past 14 years.

“When my parents got divorced, they both moved out of the house and went their separate ways. My mother and I then went to the rent office, and we explained that I still live in the house. They said the tenancy would be transferred over to me as I was of age,” she explained.

However, in 2010, Dyason received an eviction order, which threatened to send her back to Lavender Hill. The City offered her a one-bedroom flat in Plumstead, but she refused.

Later, she was taken to court, where the judge ruled that she was not illegal and was indeed eligible for the house, instructing the City to sign a lease with her.

“I signed a lease, but a couple of years later, the house is still not in my name. It’s been 14 years, and until today, nothing has been resolved,” Dyason lamented.

“My water keeps getting cut off, and I have to pay over R3000 just to have it reconnected, which consumes all the SASSA money meant for my children. I am paying R2300 a month for electricity to cover housing debt. Since the lease is not in my name, I cannot sort anything out. Every month, I go to the municipality, and they say the hold-up is with the rent office.”

Desperately, she stated, “I am at my wits’ end and don’t know what to do anymore. I have already lost my job because every month I need to stay out to go to the rent office and submit new papers.”

In response, Councillor Carl Pophaim, the Mayco Member for Human Settlements, stated, “The City can confirm that no eviction application is underway as alleged.

“The tenancy was allocated to Shanaaz Dyason, and she signed a lease agreement with the City on 21 September 2023. We encourage Mrs Dyason to visit her nearest City housing office to complete all the documentation needed to take ownership of the property.”

However, the City claims that the property address matter has been resolved and that the resident should visit her housing office as soon as possible.

For further information

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with tenants’ rights or landlords’ responsibilities.

Further reading:

Aug 14
0

Pitfalls of eviction

By | Evictions, PIE, Tenants

How to avoid the traps that will scupper an eviction

Have you reached the end of the line with problem tenants? You’ve tried negotiating, pleading, and maybe even formal mediation, but you can’t resolve your differences and your tenants are in breach of their lease. Eviction is a last resort. It’s not a pleasant process and you may even like your recalcitrant tenants and want to avoid conflict. Eviction is time-consuming and costly, both in the short and long term. Eviction itself carries costs but, worse, your property might remain unoccupied for a while before you find suitable new tenants, depriving you of income. Unfortunately, sometimes eviction is necessary. If you do have to evict your tenants, how can you avoid the pitfalls and make sure you meet the correct conditions for eviction?

Read our Complete 2025 Guide to Evictions in South Africa.

Legislation

Evictions in South Africa are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The Rental Housing Act and the Consumer Protection Act (CPA) set out further conditions that must be met before an eviction can proceed. Property owners often make mistakes that prolong the eviction process. Avoid them for a hassle-free eviction. We go through the most common blunders below.

Failure to provide proper notice 

The conditions required for a lawful eviction to proceed are set out in the legislation cited above. Importantly, you must give your tenant sufficient notice in the correct manner. To evict a tenant you must give them notice of the breach and time to rectify the breach. If the breach is not rectified within the specified time frame, you can then terminate the lease. If the tenant does not agree to vacate the premises, you may apply to the court for an eviction order. Failure to follow the correct procedures can result in the eviction being declared unlawful and dismissed. 

Inadequate documentation 

A well-drafted lease agreement is essential and records should be kept of all communications with the tenant, especially regarding rental arrears and notices. The legal burden is on you to prove in court that the eviction is both just and right. Therefore, make sure you have sufficient evidence to back up the claim.

No valid reason for eviction 

You must have a valid and legal reason for evicting someone. Common reasons include non-payment of rent, breach of the lease agreement or the need to use the property for personal use. The eviction must be based on legitimate grounds. 

DIY evictions 

Landlords sometimes attempt to evict a tenant alone, without going through the courts. It is illegal to take the law into your own hands and forcibly evict tenants or cut off essential services such as water and electricity without a court order. Removing a tenant using threats, intimidation, harassment, or physical altercation opens the door for tenants to pursue criminal action against you. 

Incomplete maintenance and repairs 

Failure to address maintenance issues promptly can be used by tenants as a defence during eviction proceedings. You have a responsibility to maintain a safe and habitable property and you cannot purposefully make the property uninhabitable in any way. You should complete essential repairs or maintenance promptly. 

Failure to take legal advice 

One of the most common eviction mistakes is failing to take professional advice. Consulting a legal professional experienced in evictions and property law is crucial to making sure you follow the correct eviction process. Evictions are stressful and complicated; an understanding of the applicable laws is vital. The process can drag on and you may be tempted to take shortcuts, usually out of frustration. However, the consequences of not following the proper steps can be significant and result in further delays, costs, and possible legal action. 

Consult an eviction specialist

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships but, when necessary, we assist with eviction, ensuring it is carried out legally and ethically. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with an eviction.

Further reading:

Jan 25
0

How to evict non-paying tenants

By | Evictions, Rent, Tenants

Evicting a non-paying tenant is a legal matter that should be handled to avoid incurring losses. This is how an eviction can be done.

Reprinted from citizen.co.za, by Kayla Ferguson – 2024-01-23

While it can be a lengthy process to evict tenants who fail to pay their rent, there are procedures in place to make sure that both the tenants’ and the landlords’ rights are protected. Following the necessary steps is key to a hassle-free eviction process.

Legal provisions

Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa explains that both the tenant and the landlord must play fair with respect to their rental agreement.

“It is crucial to abide by the contractual agreements and, if not, to then proceed with the required legal procedures stipulated in this regard. It is only when people deviate from this that issues start to occur,” he notes.

Tenants are protected by two pieces of legislation, namely: the Prevention of Illegal Eviction from Unlawful Occupation of Land Act, No. 19 of 1998 (PIE Act), and the Rental Housing Act of 1999 (RHAct) as amended. The first sets out the process for evicting tenants, and the second makes it a criminal offence for a landlord to simply cut the supply of electricity or water, change the locks, confiscate tenants’ belongings, or stop a tenant from having access to the property.

“It is vital to always play by the rules. While you might think you can get a non-paying tenant out quicker if you change the locks or defer to other intimidation tactics, the truth is that this will most likely only provide the tenant with ammunition to use against you in the court proceedings. This will only drag things out further and cause more unnecessary complications and delays,” says Goslett.

Although it might be forgivable for the odd late payment if it’s a bank or financial system-related problem, a landlord cannot be so lenient if their tenant gets into the habit of paying their rent late.

How to go about the eviction

“Because the monthly payment date forms part of the rental agreement – which must also comply with the Consumer Protection Act – when a tenant doesn’t pay on time, they are technically in breach of contract. Legally, this means that a landlord should send the tenant a formal letter explaining that they have 20 business days to make the payment, and if they don’t pay their rent in that time, their lease will be cancelled,” Goslett explains.

If the tenant fails to pay what is due within the stipulated timeframe, the landlord can legally terminate the lease and ask them to leave. If the tenant refuses, the landlord can then take out a court order to evict the tenant 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. Once the eviction is granted, the tenant is usually given at least another 14 days to find new accommodation before the eviction order is executed,” says Goslett.

Because the eviction process can be so lengthy, Goslett suggests taking steps as soon as possible to prevent too great a loss of income. “The longer you take to act on a late or missed payment, the longer it will be before you can legally evict a tenant who continues to miss payments.”

To guard against this, landlords are encouraged to work with a professional RE/MAX rental agent who can thoroughly screen potential tenants and minimise the risk of late or missed payments.

“It can be tempting to go it alone in the mistaken belief that handling the property rental yourself will save you money. Also, when we’ve found the perfect tenant, it’s impossible to think that something might go wrong – until it does. It is better to get expert help from the very beginning than to try and navigate these challenges on your own,” Goslett concludes.

For more information on evicting a non-paying tenant

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help evicting a non-paying tenant.

Further reading: