LEGAL
Landlords can be unresponsive or unreasonable . Tenants can be disrespectful or negligent . South African law contains multiple pieces of legislation governing rental housing , and both landlords and tenants are accorded rights that protect them . They are also assigned responsibilities they must uphold . But the balance tends to lean towards tenants ’ rights and landlords ’ responsibilities . In this article we examine them both .
UNDERSTANDING TENANTS RIGHTS The South African Constitution gives people certain inalienable rights . How do they apply to tenants ?
Right to fair treatment in law A landlord cannot evict a tenant without going through the correct legal procedures . Unfortunately , some landlords take it upon themselves to involve municipal law enforcement to evict tenants . The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 ( PIE ) is a key piece of legislation in South Africa that regulates the process of eviction . It was enacted to protect both property owners
and tenants , ensuring that evictions are carried out in a fair and lawful manner .
The courts take eviction law very seriously . Failure to follow the correct process could result in a heavy fine for the landlord , as well as damages payable to the tenant . In the worst-case scenario , the landlord could end up in jail , facing serious criminal charges .
Right to adequate housing The Constitution recognises the right to adequate housing as a basic human right . No one ’ s property may be taken away from them and no one may be evicted from their home without a court order . This means a landlord must apply to court before evicting a tenant from their property .
The court must be satisfied that there is alternative accommodation available to the tenant before ordering the eviction . This can be state housing , as the state has a duty to provide housing to all its citizens . If the tenant has occupied the property for over six months , PIE does not allow the tenant to be evicted
49 JULY / AUG 2023 SA Real Estate Investor Magazine