in an interest-bearing bank account and must give
the tenant a written statement of the interest earned
Essentially, before giving your lessee the boot, you’ll
need to prove that you’ve given them a range of
Evicting truant tenants
There are ways to go about enforcing eviction,
provided that you stick carefully to the correct legal
procedures. Threats of violence and sabotage simply
aren’t going to get the job done, and changing the
locks on your property can constitute an illegal
eviction, which will only serve to weaken your case
should the matter be taken to court. So before you
enforce your own brand of vigilante justice, take a
moment to consider the most effective and speedy way
to get the result you want.
Whilst the thought of assisting your tenant in their
property search may not thrill you, you will end up
saving time, money and stress by strictly adhering
to the terms of the PIE Act. Property owners have,
in the past, had criminal charges laid against them
as a result of bypassing this element of the eviction
process, so while providing a helping hand might be
the last thing on your priority list, it will give your
tenant very little room for legal recourse.
whenever the tenant asks for one.
Get a court order
The most important thing to remember is that you
cannot evict a tenant yourself. Whilst many landlords
dream of frog marching their troublesome tenants off
their property, eviction can only be officially carried
out by a court order. While this process isn’t free, the
departing tenant should be obliged to reimburse your
legal fees, as well as any outstanding rent money, at a
later stage.
alternative rental solutions, all within the same price
range and area.
Insure yourself
Whilst there’s no proven way to ensure that you aren’t
housing the next Charles Manson, you can reduce
your risk by taking out some form of rental risk cover.
This form of insurance can at least protect you against
any form of property damage, and ensure that all
your rental payments and legal
costs will ultimately be
covered.
Offer an alternative
The PIE, (Prevention of Illegal Eviction)
Act stipulates that tenants being
asked to leave your property need to be
provided with an ‘equable solution’.
RESOURCES
Property24
www.reimag.co.za
Residential Handbook 2013
39