“I am now at a point where I will do anything to get my tenant out because they are not paying..”

When it comes to evictions in South Africa, one must never listen to advice that comes from “knowledgeable neighbours”. “If your tenant is not paying then you must go there and take off the front door. That worked for my one cousin” 

Always remember, you can’t act on your own accord.

You can’t cut off someone’s electricity or water to force them out.
You can’t remove their front door (even if you paid for it).
And you definitely can’t call in the “local muscle” to handle your eviction problem.
You can’t get new tenants to occupy the property while the tenant is still there.
You can’t lock the front gate and not let the tenant into the property again.

No matter how frustrating the situation, eviction in South Africa is a court-driven process and anything else can land you in serious legal trouble.

So What Can You Do? The Legal Process Under the PIE Act

To follow process and seek legal advice as soon as possible.

1. Proper notice in terms of the lease is issued to the tenant (breach and cancellation).
2. Contact legal advice to start the eviction process.
3. The attorneys will apply for court application for eviction.
4. The attorneys will follow legal process until your eviction actioned.

Evictions can take to 3 – 6 months when process is followed. So, it is important to act quickly.

Why Is PIE ACT Under Debate?

Recent public debate has highlighted concerns that the Act is being exploited, particularly by organised unlawful occupiers or defaulting tenants. The tenants will sign a lease, move in and not pay rent immediately. The PIE act will protect them until they are legally evicted. In the interim those tenants will sublet rooms or the entire property to earn rental income. The tenant will also delay eviction proceeding. The landlord will need to go to court to seek eviction and still continue to pay the bond, rates, levies, insurance and legal costs. 

General proposed reforms to the act include:

• Faster eviction procedures in clear cases of bad-faith occupation
• Criminal consequences for syndicate-driven illegal occupation
• Clearer rules around when municipalities must provide alternative accommodation
• Better coordination between courts and local authorities

What This Means for Property & Sectional Scheme Management

Renting your property always comes with risk. It’s important to thoroughly vet tenants to mitigate risk or use a property practitioner to assist placing a tenant to again mitigate risk of renting your property.

Until the Eviction law changes:

• Follow the legal process strictly.
• Document everything.
• Act early when arrears begin and consultant legal advice as early as possible.
• Avoid “DIY eviction tactics” at all costs.

Evictions are legal but only when done with accordance of the law.

At WPM, we believe in protecting owners’ rights while staying firmly within the law. Property management needs to be done in the right way.

John Smith – Protea Property

Sales and Rentals – WPM