How Long Does a Legal Eviction Take in South Africa?
If you are ready to evict, you may be wondering, “How long does a legal eviction take in South Africa?” While eviction is never immediate, the legal process should can take anywhere from 5 – 12 months to complete, excluding appeals, depending on court availability and whether the tenant opposes the application.
Tenants can be a major source of frustration, especially when they breach their lease agreement, cause property damage, or refuse to vacate your home even after being served the proper notice. As a landlord, you take the financial and emotional knock, from recovering missed rental payments to making costly repairs. At this point, it is wise to pursue legal eviction with help from an eviction attorney in Cape Town.
Factors that determine Eviction Timeline:
- How quickly you serve your tenant with notices
- How efficiently the court operates
- Whether or not the court is experiencing backlogs
- If paperwork and documents are incorrect or incomplete
- Whether or not your tenant opposes the eviction
- Special considerations for vulnerable occupants
The Eviction Timeline Explained:
- Serving your Tenant Written Notice: Before you can take legal steps, you must serve written notice to your tenant, instructing them to vacate your property. Your tenant should have the chance to leave on their own accord. Check your lease agreement, and provide a timeframe (typically 4 to 6 weeks) before approaching the court.
- Approaching the Court: If your tenant has not moved out by the notice deadline, you can apply to the court for an eviction order. One of our eviction attorneys in Cape Town will assist you. We maintain compliance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). This takes about 2 or 4 weeks.
- Tenant Notice of Court Hearing: After you initiated the court procedure, your tenant is notified and given a notice period before the hearing, allowing them to prepare their defence or oppose the eviction. The notice period is 14 days, before the main hearing.
- Court Hearing: There are two distinct court hearings. The first will be a one-sided (Ex Parte) appearance in which you ask the court to allow the sheriff to serve the Notice and the date of the Main hearing. The Second will be the main hearing in which you ask the court for the eviction order. If the tenant does not oppose, the judge might grant an eviction order. If the tenant opposes, it will delay the timeline, as it usually involves additional hearings.
- Sheriff Enforcement: If you were granted the eviction order, your tenant is informed o their final date to vacate. In the event that they don’t vacate, the sheriff will legally remove the tenant and their belongings from your home. This final stage of the process can take between 2 – 3 weeks.
South Africa’s eviction process is intricate, but it does not necessarily need to take long to achieve a successful outcome. Working with a legal team that excels in property law is the best way to ensure the process does not drag out – that is where RCS Law comes in. Are you dealing with a non-paying or problem tenant? Evict legally with our help.
Get started today! CONTACT US or complete our Eviction Services Client Interest form.