A Landlord’s Rights in South Africa – Eviction Focused
There are many resources about a Landlord’s obligations, duties and responsibilities, yet it is difficult to find detailed information that also highlights the Landlord’s eviction rights. We understand that Landlords want information quickly and easily.
This is why we strive to provide simple and concise eviction information to help Landlords in the eviction process.
Landlord Eviction Rights and Obligations FAQs:
1. Are there different types of evictions that a Landlord has the right to use?
Yes. There are 3 possible Tenant eviction processes that can be followed. Each process has different requirements and conditions.
2. Can a Landlord’s relative apply to evict a Tenant?
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.
3. 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 as long as 2 years.
4. Is it the Landlord’s right to change the locks of his property to prevent the troublesome Tenant from accessing the home?
No.
5. Can a Landlord evict a Tenant?
A Landlord can only evict a Tenant with a court order.
6. Is it the Landlord’s right to remove the Tenant from the property should the eviction order be issued?
No, only the court sheriff can remove an illegal Tenant from the property.
7. Can a Landlord consent to a Tenant residing on a property without ever expressly giving this permission?
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.
8. Is it a Landlord’s right in South Africa to take a Tenant’s possessions to pay for the outstanding rent owed?
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.
It is also very important that a Landlord should know what a Tenant’s rights are in the eviction process.
We have set up a complete and legally binding lease agreement, both for your reference and for commercial use. Download the lease agreement below:
