There are many resources about a Landlord’s obligations, duties and responsibilities, but finding detailed information that also highlights the Landlord’s eviction rights can be hard to find. We understand that Landlords want information quickly, easily and without the legal jargon.
This is why we at Eviction Lawyers a Division of Le Roux Attorneys strive to provide simple and concise eviction information to help Landlords in the eviction process.
Speak to us at Eviction Lawyers, a division of Le Roux Attorneys regarding your residential, farming or commercial eviction cases should you need legal advice or representation
FAQs around landlord rights and obligations
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 the 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?
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.