GUIDE TO LANDLORDS OF THE EVICTION PROCESS IN SOUTH AFRICA

RESIDENTIAL EVICTIONS

(A Guide to Landlords of the Eviction Process in South Africa)

	1.  LETTER OF DEMAND TO REMEDY BREACH AND               CANCELLATION OF LEASE AGREEMENT                 This letter is served by the Sheriff of the Court or in a method defined in a          written lease agreement.
	2.   Court Application for Eviction in terms of the PIE Act The Court Application for Eviction will be served on both the Municipality and Tenant with a Court Date for the hearing of the Eviction Application being set down for a minimum of 14 days (court days) after service of the Application on both the Municipality and Tenant.
	3.    Appearance in Court to obtain an Eviction Order The Courts will ordinarily give the tenant a period of one month to vacate the property with such period being calculated from date of the Court Order.

	4.     Forced Eviction of Tenant (if required) Carried out by the Sheriff of the Court if Tenant has not vacated property within time period ordered by the Court.

 

  The eviction process takes a minimum of 2-3 months from date of service of the letter of demand & cancellation, with the minimum 14 day notice period as prescribed by the PIE Act and the Court’s allowance of a period of one month for the tenant to vacate the property being taken into account.

* This guide merely serves as an illustration of the eviction process for Landlords.

* Our David van Niekerk specialises in the resolution of Landlord-Tenant disputes and has extensive experience in obtaining eviction orders.  TNK Attorneys (Cape Town) 021 712-9851