Illegal Activities in Rentals: Eviction Guide
As a landlord, discovering that illegal activities are taking place in your rental property can be incredibly distressing. You may be tempted to act immediately, but remember – evictions must always follow the correct legal processes, without exception. Even though illegal activity does justify tenant evictions, the worst thing you can do is skip the legal steps and risk invalidating your case.
The legal process of eviction, even when illegal activities by tenants are concerned, must comply with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act).
How RCS Law Helps
At RCS Law, we know how to evict tenants for illegal activities in South Africa, and we will work with you to protect your investment. Our team of result-driven eviction attorneys in Cape Town offer expert guidance through every step of the eviction process, including:
- Drafting and issuing formal breach notices to your tenant
- Lease cancellation where appropriate
- Preparing and filing eviction applications under the PIE Act
- Representing landlords in court to secure lawful evictions
- Coordinating with the Sheriff of the Court to execute eviction orders
What Constitutes Illegal Activity?
Any of the following would be considered illegal activity. If your tenant is engaging in any criminal, violent, or drug-related activities, do not hesitate to contact the South African Police Department (SAPS) as soon as you become aware of it.
- Drug manufacturing, possession, or distribution
- Operating unlawful businesses
- Theft, fraud, or other criminal conduct
- The harbouring of stolen goods
- Activities that endanger occupants or neighbours
Steps to Evict a Tenant for Illegal Activity:
- Gather Evidence: Collect as much documentation as you can, including police reports, complaints, and documented incidents.
- Issue a Notice of Breach: Inform your tenant in writing of the breach. You should also provide a period for the breach to be rectified, if possible
- Cancel the Lease: You can lawfully cancel the lease if the illegal activity continues. If the breach is very serious, immediate cancellation may be justified.
- Obtain an Eviction Order: Apply to the High Court for an eviction order. Prepare your evidence, proof of property ownership, a copy of the tenant’s lease, proof of lease cancellation, and all notices provided.
- Serve Court Papers: Once the court schedules a hearing, you are required to provide the tenant with at least 14 days’ notice before the hearing takes place.
- Attend the Court Hearing: Both you and your tenant will attend the court hearing and represent your cases. If the court outcome is successful:
- Sheriff Enforcement: Either the tenant vacates the property by the given date, or the court sheriff will physically remove them from your property, together with their belongings.
Working with professionals with extensive property law expertise ensures better results, less stress, and the best protection of your legal rights when evicting a tenant. If you’re dealing with a tenant who is involved in illegal activities, don’t delay – CONTACT US today or complete our Eviction Services Client Interest Form.