What are the Legalities of Evicting Your Tenant?

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Evictions of tenants in residential properties are unfortunately a necessary evil for landlords.

Ironically, tenants are but one of the ‘group’ of unlawful occupiers that rental property attorneys encounter in court and, relatively speaking, are far more accommodating than squatters whom have occupied a residential property without any right in law or in fact, or a property owner who has lost ownership by way of foreclosure but feels the need to remain in the property.

The Prevention Of Illegal Eviction and Unlawful Occupation Of Land Act – no. 19 of 1998 (PIE) regulates the residential eviction process. It is the only lawful procedure of ejecting an unlawful occupier from a residential property.

What landlords need to realise is that an eviction application can only be launched if the tenant is an unlawful occupier. In other words, a tenant will have been obliged to receive notice to remedy a breach; for example, a non-rental payment. Moreover, only 20 days after the date of such demand had passed can a lease be cancelled. A period to voluntarily vacate the premises can then be provided. In the absence of the voluntary vacation, an eviction application procedure can be commenced. To continue reading click here…

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