Tenant Rights vs Landlord Rights During Eviction
Are you wondering, “What rights do tenants and landlords have during evictions?” Tenants have the right to proper notice and fair legal proceedings, while landlords may apply for eviction when legal grounds exist. Understanding the eviction process is the first step to taking back control of your property. Need to evict a tenant? RCS Law can help.
When you rent out your property, you accept that certain risks are involved. There is no telling whether your tenant will cause damage to your home, default on their rent, or breach lease terms. It helps to have certain precautions in place, such as thorough tenant screening processes and a sound lease agreement, but even so, unforeseen problems can still arise. Are you dealing with a problematic tenant? The best course of action is to remain calm and consult a property law expert.
What are tenant rights during eviction?
Right to Due Process and Court-Ordered Eviction: Under the PIE Act and the Constitution, no person may be evicted from a property without a valid court order. Can you evict a tenant after a verbal warning or written notice to vacate? No. This is not aligned with the correct legal processes. You cannot remove your tenants’ belongings, change locks, or cut their utilities. In other words, you cannot forcibly remove tenants.
Right to Reasonable Notice & Chance to Remedy: Do you want to evict a non-paying tenant or a tenant who damaged your property? Your tenant must first be issued a written warning, which includes a fair period to rectify the issue. If that time passes without resolution, you may proceed with the legal steps to evict a tenant.
Right to Self-Defence or Legal Representation: Can your tenant present a defence in court when you pursue eviction? Yes, if they believe the eviction is not justified or that you did not follow the right procedure. Tenants can hire a lawyer or seek free legal assistance.
Right to Human Dignity and Protection: All eviction processes must respect the dignity of the tenant. Landlords may not enforce evictions, and sheriffs may not use extensive force or intimidation tactics to harass occupants. As a last resort and under specific instances, a sheriff with a court order may use reasonable and proportionate force to physically remove tenants. All tenant possessions must be properly handled and, where outstanding, deposits must be returned.
What are landlord rights?
What are your rights as a landlord in South Africa? You have the right to receive rent on time, request and hold a security deposit, and ensure a well-maintained property (excluding fair wear and tear). Here are some additional landlord rights to keep in mind:
- You have the right to conduct reasonable inspections with notice
- It is within your rights to enforce the terms of the lease agreement
- You have the right to issue breach notices if the tenant violates the lease
- You may rightfully cancel the lease due to material breach
- You have the right to increase rent with proper notice
- It is within your rights to terminate the lease lawfully, with proper notice
- You may apply for eviction through the court
- You can also claim damages or recover unpaid rent
- You may rightfully expect compliance with body corporate/HOA rules and municipal bylaws
At RCS Law, our eviction lawyers offer cost-effective and professional services that put you first. We are here to help you take ownership of your property the legal way. CONTACT US or complete our Eviction Services Client Interest form to get started.