CREDITS
Vermaak & Siecker Attorneys Inc.
By Ockert Vermaak
The eviction process is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) of 1998.
In South Africa, if a tenant is not paying rent, you can initiate the eviction process by following these general steps:
1. Written notice: Begin by providing the tenant with a written notice to pay the outstanding rent within a specified period, usually specified in the lease agreement.
2. This notice should clearly state the amount owed, the due date, the clause in the lease agreement you rely on and the consequences of non-payment.
3. Court application: If the tenant fails to pay the outstanding rent within the specified period, you can proceed with an application to the Magistrate’s Court or High Court for an eviction order based on non-payment of rent. You will need to provide evidence of the unpaid rent, such as receipts or bank statements.
4. The court will allocate a hearing date and you will be directed to serve the court documents personally on the tenant, whereby service is done via the sheriff.
5. Court hearing: The court will schedule a hearing where both parties present their cases. The tenant will have an opportunity to explain their circumstances, and you should be prepared to provide any supporting evidence or documentation.
6. Court order: If the court determines that the tenant is in arrears and that eviction is just and equitable, it will issue an eviction order. The tenant will be given a specific period, usually 14 days, to vacate the property.
7. The order of court must be served on the tenant if they failed to appear in court.
8. Execution of the eviction order: If the tenant still fails to vacate the property within the given period, you can request the assistance of a sheriff of the court to enforce the eviction order. The sheriff will carry out the physical eviction, ensuring it is done peacefully and according to the law.
It’s important to note that the eviction process can vary depending on the specific circumstances and any relevant lease agreements.
It is advisable to consult with a legal professional or seek guidance from relevant authorities to ensure you follow the correct procedures and adhere to South African rental laws.
The Vermaak & Siecker Attorneys Inc. Team
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