Do you have a tenant that does not pay the rental or refuses to vacate your property after the expiry of the lease? Do not try to get rid of the tenant yourself, as you can possibly face a Court order interdicting you to do so, and also then ordering you to pay your tenant’s legal costs!

The residential eviction process is by approaching the Court with jurisdiction over the property with an application for eviction. This must be done in terms of Prevention of Illegal Evictions from and Unlawful Occupation of Land Act 19/1998. The act prescribes that the application needs to be served on the tenant fourteen days before the hearing date at Court.

The Court will, if all the requirements of the Act is met, find that it is just and equitable to evict the tenant and then grant such an order.