LEGAL
in writing that the lease is to be cancelled and gives the occupier reasonable time to vacate the property .
• The notice period required to cancel the lease , like the time allowed to remedy the breach , is dictated by the lease . If no time frame is stipulated , or in the case of a verbal lease , a minimum of one calendar months ’ notice is required ( end of the current month to the end of the following month ).
2 . Apply for a court order .
• If the occupier fails or refuses to vacate the property , despite being given adequate notice , the landlord may approach the court to start the eviction procedure .
• The court provides the landlord with a date and time for the eviction hearing .
3 . Serve notice on the tenant
• Written notice of the eviction hearing must be personally served on the unlawful occupier of the property , as well as on the local municipality .
• This notice must be served by the sheriff at least 14 business days before the eviction hearing in court .
• The notice must indicate the date and time of the eviction hearing , the circumstances surrounding the eviction , and the unlawful occupiers right defend themselves .
4 . The hearing
• At the eviction hearing the court will hear the matter and decide whether to grant the eviction order .
• The occupier may defend the eviction . The court will consider factors such as children , elderly or disabled tenants , and womanheaded households , and the availability of suitable alternative accommodation when granting the eviction order .
• In certain circumstances an order may be granted but “ stayed ” – delayed – to give the occupier more time to find another home .
Respecting tenant ’ s rights Landlords must respect the rights of tenants during the eviction process . Harassment or intimidation of tenants is not permitted .
The landlord is not allowed to
53 JULY / AUG 2023 SA Real Estate Investor Magazine