What Landlords Should Never Do During an Eviction
If you need to evict a tenant, there are strict legal requirements that must be followed. While it is exasperating to deal with a tenant who is behind on their rent or refuses to vacate your property, taking matters into your own hands will only make your life harder. At RCS Law, we follow the legal steps to evict a tenant and work with your best interests in mind. We are here to help you regain control of your home.
Are you wondering, “What should landlords avoid during eviction in South Africa?” You should not take control of the eviction without following the correct legal steps. As a landlord, you have the right to enforce your lease agreement; however, you must follow the law when doing so. Any actions you take must also comply with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).
This is why it is essential to work with an eviction attorney in Cape Town who has a thorough understanding of South Africa’s property law. So, let us dive into what landlords should never do during an eviction.
Never Change Locks
When your tenant is disrespecting your property, it is tempting to deny them access on your own terms. Can you change the locks to your home if a tenant is in breach of their contract? The answer is no. This is considered an illegal self-help eviction (DIY-Eviction), and it is against the law. When you change the locks, you risk fines and legal action.
Never Cut Off Utilities
Disconnecting water or switching off the electricity to force your tenant out is against the law. Doing so will only worsen your situation and may be seen by the court as harassment. Need to evict a tenant? RCS Law can help – we have done this many times before, and can ensure the smoothest process for you.
Never Remove Belongings
You may wonder, “Can I remove my tenant’s belongings when they are not paying rent?” The answer is no. Removing your tenants’ belongings (even if you keep them safe) is illegal. Start the legal eviction process with assistance from an attorney who has your back, every step of the way.
Never Threaten or Harass Tenants
It is best to approach your tenant with a written notice and to avoid any physical confrontations, verbal threats, and intimidation. You could face criminal charges if you harass your tenant, even if they are in breach of their rental contract with you.
Always follow the Legal Steps
There are no shortcuts to securing a successful eviction. Do not skip the legal process in hopes of saving time – this almost always backfires. Homeowners and rental agents partner with RCS Law for eviction services that make a difference. CONTACT US now to get started, or complete our Evictions Services Client Interest Form.