Real Estate Investor Magazine South Africa REIM February 2018 | Page 25

The eviction process It is important for a landlord to use the procedure provided for in the PIE Act, rather than taking the law into his/her own hands, for example, cutting the electricity and water supply to the prop- erty or intimidating the unlawful occupier, in the hope that s/he will vacate the property. It’s a good idea to obtain the assistance of an attorney when dealing with an eviction. 1. The landlord must cancel or withdraw any right or consent given to the occupier before commencing with the eviction. The landlord must notify the occupier of such cancellation or withdrawal in writing and give the occupier reasonable time to vacate the property. 2. If the occupier is still in the property, despite due notice given to him/her, the landlord may approach the court to start with the eviction procedure (in the High Court or Magistrate’s Court situated in the area of the occupied property). The court will provide the landlord with the date and time that it will hear the eviction. 3. Written notice of the eviction hearing must be personally served on the unlawful occupier/s of the property, as well as on the municipality situated in the area of the occupied property. 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 oc- cupier’s right to defend him/herself. 4. Both the landlord and unlawful occupier/s must be present at the court on the day of the eviction hearing. If the unlawful occupier/s fails to be present at the eviction hearing, the court may postpone the hearing or proceed with it in his/her ab- sence. This may lead to the court granting an eviction order. The court will take several factors into consideration before grant- ing an eviction order: • The court will consider whether the occupier is in fact an un- lawful occupier and whether the landlord has followed the procedure provided for in the PIE Act. • If the unlawful occupier has been in occupation of the prop- erty for LESS than six months, the court will also consider the following: • all relevant circumstances, including the rights of the elderly, children, disabled persons and households headed by women; and • whether it will be just and equitable to grant an eviction order. • If the unlawful occupier has been in occupation of the prop- erty for MORE than six months, the court will also consider the following: • all relevant circumstances including, the rights of the elderly, children, disabled persons and households headed by women; • whether alternative accommodation has been made available • • • • or can reasonably be made available by a municipality, organ of state or an owner of property, for the relocation of the un- lawful occupier; and whether it will be just and equitable to grant an eviction order. After considering the above and if the unlawful occupier/s has no valid defence, an eviction order may be granted by the court and will specify: the date on which the unlawful occupier/s must vacate the property; the date on which the sheriff must evict the unlawful occupi- er/s from the property, if s/he has not yet vacated the property on the date determined by court. YES OR NO? According to Kasia Manolas from Rentalutions, there are certain good reasons to accept or deny a tenant: Good reasons to accept a tenant: Friendly and interested in your unit Agrees to your tenant screening process Arrives to your showing on time Fills out all parts of your rental application Has sufficient income Responsible and stable employee Has a history of paying rent on time Sufficient credit score and solid financial history Clean criminal record Reasons to deny a tenant: Doesn’t follow up with you Doesn’t authorise the credit and background check Is unfriendly or disinterested Leaves the rental application incomplete History of not paying rent on time or damaging a prior landlord’s property Had court papers filed against him or her Provides a fake reference Doesn’t make enough income to afford rent and deposits Has a low credit score Source: Legal Wise, Rentulations Bring your brand to the forefront. Sponsorship opportunities now available. Contact us at: [email protected] [phone]