How long does it take to evict a tenant in South Africa?

How long does it take to evict a tenant in South Africa?

According to HomeTimes, an uncontested eviction can cost between R5 000 and R25 000, while an opposed eviction can cost up to R100 000. It can take between six weeks and 18 months to obtain an eviction order, depending on whether the eviction is unopposed or opposed.

What happens if tenants don’t leave?

Using County Court bailiffs (or sometimes High Court Sheriffs) acting under a court order for possession is the ONLY legal way you can physically evict tenants from a property if they refuse to go voluntarily. Sometimes tenants will try to get you to delay and they can be very persuasive.

What is the vacate process?

The ‘Vacate Process” is the period between the issuing of the termination advice and the time the bond is settled. It is in the interests of all parties for the process to run smoothly, the best way to achieve this is through clear communication, good organisation and perhaps a little give and take.

Can a tenant vacate without notice?

You should never evict the tenant without sending a prior eviction notice. The grounds on which you are evicting the tenant should be in consonance with and should be admissible under the corresponding State’s rental laws.

Can a landlord evict you immediately in South Africa?

However, while considering tenants rights without a lease South Africa, a landlord does not have the right to evict a renter all by him or herself. A notice of eviction must be served the tenant from the court.

How do you respond to notice to vacate?

When responding to the notice to quit, there are several options available to the tenant:

  1. Pay any delinquent rent that is due to the landlord within the allotted time of the notice.
  2. Move out of the premises within the allotted time of the notice.
  3. File an answer with the judicial court.
  4. File a motion to stay with the court.

What is vacate date?

Vacate Date means the date of issuance of a Vacate Order. If more than one Vacate Order affects a building or dwelling unit, “Vacate Date” means the date of issuance of the first Vacate Order affecting such building or dwelling unit.

How many months notice do tenants have to give?

1 month’s notice if your tenancy runs from month to month. 4 weeks’ notice if your tenancy runs from week to week. If you live with your landlord. You don’t have to give a set amount of notice (unless your tenancy agreement says otherwise).

What is the fastest way to evict a tenant in South Africa?

How do I evict a tenant who doesn’t pay rent?

  1. Call up the occupant.
  2. Send a breach of contract letter if there is a default.
  3. You can send an intention to cancel the lease agreement.
  4. If the notice is absconded, seek legal assistance.

What is unfair eviction?

Illegal eviction and tenants’ rights Your landlord may be guilty of illegal eviction if you: are not given the notice to leave the property that your landlord must give you. find the locks have been changed. are evicted without a court order.

How do I force someone to leave my house?

Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they’ve been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice …

How do I kick someone out who is not on the lease?

Steps to Evicting a Roommate / Family Member / Someone Not on the Lease:

  1. Determine if the person’s a guest, roommate or tenant.
  2. Talk to the landlord (if you’re a renter).
  3. Contact law enforcement /deliver an eviction notice (if required).
  4. File an eviction case with the appropriate court (if required).

How do you get a squatter out?

How to evict a squatter

  1. Call the local police and file an official police report, the sooner the better.
  2. Serve the squatter with a formal eviction notice after you’ve filed a police report.
  3. File a lawsuit if the squatter refuses to leave.
  4. Remove any possessions left behind by the squatter.

What is the difference between an eviction and a notice to vacate?

When written by a landlord, a notice to vacate is commonly known as an “eviction notice,” which tells the tenant they must move out of the rental property. When you need to move out of the rental property. Why you’re being evicted. Next steps (what you need to fix, what to do with your keys when you leave, etc.)