Focus on Eviction
There are many resources about a landlord’s obligations, duties and responsibilities. Yet it is difficult to find helpful information that also talks about the landlord’s rights, specifically as they relate to evictions.
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.
Landlord Eviction Rights and Obligations FAQs
Below are answers to Frequently Asked Questions (FAQs) about a Landlord’s Rights and Obligations in South Africa.
What types of evictions can a landlord use?
There are 3 possible tenant eviction processes that can be followed. Each process has different requirements and conditions.
Can a landlord’s relative apply to evict a tenant?
To evict a tenant, a person must either be the owner of the property or who have a special power of attorney from the owner. These are the only people who can make an application to court to evict a tenant.
Where can a landlord find out more about the eviction process?
Here is some great information about the tenant eviction procedure.
What happens if a landlord evicts a tenant without a court order?
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 up to two years.
Does the landlord have the right to change the locks of the property to prevent a troublesome tenant from accessing the premises?
Can a landlord evict a tenant?
Yes, but landlord can only evict a tenant with a court order after following the correct eviction process.
Does the landlord have the right to remove the tenant from the property when an eviction order is issued?
No. Only the court sheriff can remove an illegal tenant from the property.
Does a tenant have the landlord’s consent to reside on a property if the landlord has not expressly given this permission?
Yes. The courts may consider that the landlord gave consent if the occupier(s) openly resided or occupied the relevant property for one continuous year. It is not necessary for the landlord to have given express written or spoken permission. This is known as tacit permission.
Does a landlord have the right in South Africa to take a tenant’s possessions as payment for the outstanding rent owed?
No. A tenant can lay criminal charges against the landlord if they try to take the tenant’s possessions without permission. However, a landlord may sue a tenant for any rent arrears, and may get a court order to repossess a tenant’s goods. A landlord has a right called the tacit hypothet, which allows for removal of goods as security for unpaid rent without giving notice, if the landlord has reason to suspect the tenant might abscond without paying the rent due.
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