It\u2019s every landlord\u2019s nightmare: being stuck with a tenant who doesn\u2019t pay rent or isn\u2019t looking after your property and refuses to move out, no matter what you do.<\/p>\n
In an ideal situation, it would be a simple matter to evict these kinds of tenants. Unfortunately, eviction is never an ideal situation, says Rawson Property Group.<\/p>\n
\u201cSouth African housing law does, arguably, favour tenants\u2019 rights at this point in time,\u201d said Jacqui Savage, the National Rentals Business Development Manager at the Rawson Property Group.<\/p>\n
\u201cAnd this stems from the need to protect citizens from the kinds of mass evictions that took place during apartheid, but it has left opportunities for unscrupulous tenants to take advantage of underprepared or uninformed landlords.\u201d<\/p>\n
Contrary to popular belief, however, Savage stresses that landlords are not directly discriminated against in the Prevention of Illegal Eviction Act. They are simply required to follow a legislated procedure for dealing with problem tenants to enable a legally-enforceable eviction.<\/p>\n
\u201cThat can, of course, be a long, drawn-out process,\u201d said Savage, \u201cwhich is problematic when rent isn\u2019t being paid to the landlord in the interim, or tenant behaviour is causing damage to the property. There are ways to expedite the process, and you can insure yourself against this eventuality, but prevention is always better than cure.\u201d<\/p>\n
So how does one prevent the need for eviction?<\/strong><\/p>\n \u201cFirst of all, you need to familiarise yourself with the Rental Housing and Prevention of Illegal Eviction Acts,\u201d said Savage, \u201cand understand your responsibilities under contract law and the Consumer Protection Act. It\u2019s definitely advisable to sit down with an expert who can explain the relevant intricacies and how to protect yourself from a legal position \u2013 this is one of the areas in which a good rental agent can make a world of difference.\u201d<\/p>\n As part of this process, you\u2019ll need to put together a rental contract that complies with all the legal requirements without leaving any loopholes. \u201cBreach of contract is the trigger that begins the eviction process,\u201d said Savage, \u201cbut if you don\u2019t have an enforceable contract, breach can be impossible to prove. We always advise landlords to get professional assistance with their rental agreements, whether that\u2019s via a rental agent or a qualified attorney.\u201d<\/p>\n A solid contract is vital if things go wrong, Rawson noted, but if you want to avoid ending up in that situation, screening potential tenants is just as important. \u201cIt\u2019s absolutely imperative that you check credit records, financial and employment histories, and get contactable references if at all possible,\u201d said Savage. \u201cIt can be tricky to get hold of some of this information as a private individual, but you should never, ever skip this step. If you\u2019re having trouble, rather get a professional to help you.\u201d<\/p>\n If you\u2019ve taken all possible precautions and still end up in the unfortunate position of needing to evict a tenant, Savage warns against being tempted to try to handle the problem \u201coff the record\u201d in an effort to speed things up.<\/p>\n \u201cAny deviation from the standard eviction process weakens your chances of success,\u201d\u00a0 Savage said. \u201cIt\u2019s vital that you dot all your i\u2019s and cross all your t\u2019s.\u201d<\/p>\n The eviction process starts with issuing the tenant with written notification that they are in breach of contract, and giving them a minimum of 20 working days to rectify the situation.<\/p>\n If they don\u2019t comply, you can officially cancel your lease agreement and apply to the court for a summons, rent interdict and eviction action, the property group said.<\/p>\n \u201cThere are, of course, costs associated with taking legal action,\u201d said Savage, \u201cbut if you\u2019ve made provision in your rental contract, it is possible to recover these costs from the tenant.\u201d<\/p>\n Ultimately, however, it is up to the courts to decide if your contract was legally cancelled and you have grounds for eviction. \u201cThis can be more complicated if your tenant opposes your action,\u201d said Savage, \u201cbut if you\u2019ve followed the correct procedure and your actions have been lawful from the start, your chances of success should be good \u2013 it\u2019ll just take time.\u201d<\/p>\n Is this R75 million home the most perfect property in South Africa?<\/a><\/strong><\/p>\n You\u2019re being lied to about the value of your property<\/a><\/strong><\/p>\nMore on property in SA<\/h3>\n