TENANTS CAN’T HAVE THEIR PIE AND EAT IT
Updated: May 8, 2018
One of the sad, but true realities of the current economic climate in South Africa is that tenants struggle to keep up with their monthly rental obligation. This places landlord’s in the precarious position of having to carry non-paying tenants, if action to evict the tenant from the premises isn’t taken quickly.
On the other hand, tenants believe they have a right to stay in the premises, even though they are failing to pay their monthly rental.
This is untrue and simply put tenants can’t have their pie and eat it.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (“the PIE Act”) makes the eviction of non-paying tenants difficult, with several procedural prerequisites to be met before tenants can be evicted.
Generally, three basic requirements must be adhered to before a landlord can approach the courts for an eviction order:
1) Proper Notice of Breach;
2) Proper Cancellation of the Lease Agreement; and
3) Notice in terms of Section 4(2) of the PIE Act.
The first two requirements might seem simple, but unfortunately most landlord’s and agents fail to comply with these requirements properly. Two of the most common mistakes are insufficient notice or the wrong form of notice.
We specialize in evictions and regularly assist landlord’s through this cumbersome, but necessary process.
For more information on the eviction process, how long it normally takes and the costs involved contact us on 011 794 6604 or at firstname.lastname@example.org.
- Adriaan Engelbrecht
The above article should not be seen as legal advice and we recommend that you contact the writer or another legal practitioner to discuss your specific individual matter in more detail. All legal matters are different and depend on the unique facts of the matter.