Eviction insurance

Eviction insurance is a landowner’s first defence against a non-paying tenant. Eviction insurance premiums must more or less reflect lease default rates, and so it might not save a lot of money in the long run. However, if a landlord can’t afford a tough eviction, but can afford eviction insurance premiums, insuring the risk can … Read more

Definitions: eviction, termination of lease, and foreclosure

For clarity on home buying laws, see below for the definitions of these terms, and how they affect tenants. Eviction An eviction happens when a person is legally forced to leave the property he/she is staying on. According to the Constitution, no person’s property may be taken away from him/her and that no person may … Read more

The dos and don’ts of eviction

When it comes to eviction, the landowners need to be aware of the potential outcomes of their actions. Evicting tenants is not a simple process. There are certain dos and don’ts dictated by law that all landlords should be aware of in following the correct procedure and having their tenants permanently removed from the property. … Read more

When is eviction illegal?

When a landlord wants to evict a person using his/her property for housing purposes (e.g. staying in his/her flat), they must use the procedure provided for in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (PIE Act). This Act explains which procedures must be followed to evict people lawfully. PIE applies … Read more

Lawful eviction in South Africa

The law does not permit arbitrary evictions. Section 26 of the Constitution says that no one may be evicted from their home, or have their home demolished, without an order of court made after considering all the circumstances. A court must consider how the eviction will affect the people who will be evicted, and evictions … Read more

A tenant’s rights

It is most important to note that a landlord/landlady (person in charge of a property) must apply to court before evicting a person from the property. The law does not permit arbitrary evictions. Section 26 of the Constitution says that no one may be evicted from their home, or have their home demolished, without an … Read more

Eviction and deposit

According to Section 5 of the Rental Housing Act of 1999, a landlord is legally entitled to request a deposit from their tenants. As such, in landlords today usually request a deposit from their tenants before they move into the property. The price of deposit must be specified in the lease agreement. The general practice … Read more

How long does an eviction take?

Generally, an eviction can come into effect within three months from receipt of instruction. This time period, however, depends on whether the lease has been validly cancelled after the breach of the lease agreement and the date of eviction ordered by the court. An eviction happens when a person is legally forced to leave the … Read more

Eviction laws in South Africa

An eviction happens when a person is legally forced to leave the property he/she is staying on. According to the Constitution, no person’s property may be taken away from him/her and that no person may be evicted from his/her home without a court order. This means that a landlord/landlady (person in charge of a property) … Read more

Can eviction be stopped?

An eviction notice is not the final step in the eviction process, because the matter has to be taken to court, where the tenant can contest the eviction. As such, eviction can in fact be stopped, but it depends on the particulars of the situation. The law does not permit arbitrary evictions. Section 26 of … Read more