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Rental Property LAW
The rules and laws regulating evictions in South Africa are complex and covers a wide variety of rental situations, each requiring specialised knowledge for the different types of letting.
Commercial Properties typically include Retail Space, Business Premises and Properties used for economic purposes
The same Landlord-Tenant laws apply as for the letting of Commercial Properties and other non-residential leases
The PIE Act applies to Residential Lease Agreements, making it fundamentally different from Commercial Letting
The rules of the body corporate needs to form part of the lease agreement when renting out Sectional Title properties
A Court Order is required to remove a tenant, or any other unlawful occupants, from a property.
Evict a Tenant
The decision to evict in a particular scenario develops over time and the action taken depends on the tenant’s response and behaviour during the eviction process.
Control remains in the hands of the landlord, provided the correct eviction procedures are followed.
If the tenant still remains in breach after the required period, the landlord can either opt to uphold the lease agreement and claim the rent, or cancel the agreement and proceed with the eviction process.
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Cost Of Eviction
The cost of an eviction should always be weighed vis-à-vis the cost and losses incurred during the unlawful occupation of a property.
Rental Property Lawyers apply their special knowledge of the property rental business to inter alia act as mediator between the landlord and tenant when disputes arise.
A tenant can choose to oppose the eviction, ignore it or move out. The tenant’s reaction to the eviction notice could could significantly impact the cost of eviction.
Rental recovery is usually done in conjunction with the eviction process, so that whatever the outcome of the eviction procedures, rental recovery isn’t delayed.
The Eviction Process
The eviction process is technically complex and obtaining an eviction order for residential leases in South Africa requires some important steps.
1. Letter of Demand
In the first step, a letter of demand is sent to the tenant in breach in which the breaching tenant is also placed in mora (on terms) by the landlord.
2. Cancel Agreement
After allowed period, should the breach not be remedied, the agreement can be cancelled by serving a cancellation letter on the defaulting tenant.
3. Eviction Application
Refusal of occupants to vacate the premises could initiate an eviction. This would be the start of Court proceedings against the tenant.
4. Eviction Order
The Sheriff of the Court will be authorised by the Court to attend to the eviction of the occupants through an eviction order.