• Evicting a tenant in South Africa

    Eviction:

    Landlords are often portrayed as being heartless and indifferent to the afflictions of non-paying tenants - but this is mostly unfair...

    Learn More

  • Eviction order process South Africa

    When and how to evict:

    Many a landlord and eviction attorney has far more horrific stories to tell than this unfortunate property owner but how could such a situation be avoided?

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Welcome to Bradley Aliphon & Associates
Specialist Eviction Lawyers in Kwazulu Natal.


Eviction Process in South Africa

Bradley Aliphon & Assoc. is a results-driven firm striving for excellence.
  • The Notice to Evict

    The first step in the eviction process. Unlawful occupants need to be notified of the property owner’s intention to have them evicted.

    An application is brought before the Court to have a written notice,stating the owner’s intention to evict, served on the occupants.

    A tenant can choose to oppose the eviction, ignore it or move out. The tenant’s reaction to the notice of eviction could provide an early indication of what the landlord should expect.

    Elsewhere the notice to evict is also referred to as an Eviction Letter or Letter of Eviction.

  • Ejectment Order

    Once the notice-period has lapsed, the property owner can apply for a court order known as an 'ejectment order', which authorises the Sheriff of the Court, to remove a tenant not paying rent, or any other unlawful occupants, from the property.

    The eviction process is technically complex and getting an eviction order without a lawyer in South Africa is highly unlikely if at all possible.

    If, for example, any of the various steps of the eviction procedure are left out, or done out of sequence, the application for an eviction order could be jeopardised, or the eviction process can be delayed.

    Besides adding significantly to the legal costs, delaying the process could furthermore exacerbate the situation not only by leading to a greater loss of rental income, but also the risk of damage to the property.

  • Self-evicting the tenant

    Quite understandably, landlords sometimes resort to evicting undesirable tenants themselves just to find themselves in a much worse predicament than before.

    Lock-outs, power-cuts and other such tactics used by a landlord- play right into the hands of tenants who refuse to move out of leased premises as they cannot be evicted by an owner of a property.

    This is because the owner of a property cannot evict unlawful occupants — only the Sheriff of the Court can — and in instances where force or intimidation was used, the landlord's legal position could be compromised to the extent that the occupier is permitted to stay on the property indefinitely.

  • Unopposed Eviction

    The cost of an eviction depends on many variables. We have dealt with evictions where the occupants vacated a property after the first notice - within two weeks - at a cost of R2500 in legal fees.

    However, in the event of an unopposed eviction process running right up to the ejectment by the Sheriff of the Court, it could cost anything between R12000 and R15000 (sometimes even more) and could take around 4 - 6 weeks (and in some instances even longer).

    Opposed Eviction

    Should a tenant have grounds for opposing an eviction (due to e.g. spoliation), the cost could be much higher and the process could be delayed by months. Opposed eviction cases costing in excess of R50000 is not unheard of.

Expert Advice

Property owners ignorant of the various laws face many pitfalls. Nowadays, unlawful occupants know their rights, and are getting increasingly familiar with remedies and support available to them, should they be evicted.

Our experienced eviction attorneys are specialising in laws dealing with commercial evictions, PIE or ESTA, for corporate and private landlords alike.

Frequently Asked

  • "How to get rid of bad tenants?"
  • "How to evict tenants in South Africa?"
  • "How do I evict tenants in South Africa?"
  • "How to evict someone from my house in South Africa?"
  • "How long does an eviction order take to be served in South Africa?"

Eviction Laws

Laws dealing with Residential and Commercial Evictions in South Africa

Contact Us

Call or send us an email

Tel : 031-562 1118

Our offices are situated in Glen Anil, Durban. They are easily accessible, and have secure parking. Remote consultations can also be scheduled.

Bradley Aliphon & Assoc. on Google Maps

Bradley Aliphon & Associates
12 Sagewood Way
Glen Anil
Durban

International: +27-31-562 1118

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