Landlords need to follow the right process to evict a non-paying tenant. Picture: Tumisu/Pixabay
Evicting a tenant is never an easy process, but following correct procedures and seeking out the advice of a rental expert can minimise the stress and streamline the process.
The Prevention of Illegal Eviction from Unlawful Occupation of Land Act protects tenants from being unlawfully evicted, says Adrian Goslett, regional director and chief executive of RE/MAX of Southern Africa.
Therefore, if the need ever arises, you will have to follow the correct legal procedures around evictions to ensure that the whole process runs smoothly.
If the agreed-upon payment date has come and gone, he recommends that you or the managing rental agent make contact with the tenant immediately to inform them of the overdue payment.
“Do not allow too much time to pass before pointing out the late payment and never let a late or missed payment go unnoticed. If the tenant is facing financial difficulties, landlords may agree on a later payment date – however, you are not obligated to offer this.”
If the tenant continues to fail to make payment, you or the managing rental agent need to issue a Mora Letter (also known as a letter of demand) to notify them that they have breached the lease agreement. According to the Consumer Protection Act (CPA), you are required to provide a notice of at least 20 business days to your tenant to allow them to rectify the breach, Goslett says.
Once the time-frame has lapsed and payment still has not been received, you may proceed to cancel the lease and will then need to begin the eviction process if the tenant refuses to vacate the property.
“Throughout this process, it is advisable to seek legal counsel to ensure that the correct procedures are followed. Acting outside of the law to try and force a tenant to vacate will likely only further delay the eviction process and could provide the tenant with more reason to cause delays if the matter goes to court.”
Goslett also recommends that you involve the expertise of a rental professional from the very beginning of the tenancy.
“As experts in the industry, real estate professionals have the necessary tools and expertise to properly vet tenants and manage the billing process to minimise the risks posed to the landlord.”
While evicting a tenant is never an easy process, leaning on the expertise of industry professionals will assist landlords towards a more manageable eviction process, he says.
IOL BUSINESS