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FAQ – Eviction Assist
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Frequently Asked Questions

At Eviction Assist, we provide a comprehensive range of eviction-related services tailored to meet the needs of residential and commercial property owners in Pretoria and surrounding areas.

Frequently Asked Questions

  • No, unfortunately there is no legal shortcut to evicting a tenant who refuses to vacate your premises after the lease agreement has been cancelled. Resorting to measures such as lock-outs and power cuts are unlawful and could result in the tenant obtaining spoilation orders against the homeowner, which will leave the latter in a much worse predicament.
  • The eviction process should be strictly followed and should any of the steps be left out or done out of sequence, the eviction application could be dismissed or the process can be unnecessarily delayed which will result in significant legal costs and time-delays.
  • Only the sheriff of the court is authorised to evict a tenant in accordance with a legally obtained eviction order.
  • The court will also authorise the sheriff to make use of the SAPS or a private security company to assist with the eviction of a tenant should it be necessary.
  • The timeframe for evicting a tenant depends on various factors and cannot be estimated without all the factors being considered.
  • Some of the factors playing a role in the timeframe includes whether it is a residential or commercial eviction, whether the tenant opposes the eviction, the court out of which the application is issued (Magistrate’s Court or High Court), how long the sheriff takes to serve documents, the dates received by the court for the appearances, and so forth.
  • Generally, it should not take longer than 8 months to evict a tenant (residential or commercial) and it can be done in less than 6 months.
  • No, locking out a tenant is a criminal offence in terms of the Rental Housing Act.
  • A homeowner cannot change the locks, remove the front door, lock out a tenant, cut the power or water to the premises, or do anything which denies the tenant peaceful occupation of the property without a court order.
  • Homeowners have a legal remedy via the court to obtain a legal eviction order for the eviction of a tenant. It is therefore advisable to take immediate legal action against defaulting tenants.
  • Only the lawful owner of the leased premises can obtain an eviction order authorising the eviction of a tenant.
  • A tenant has the right to privacy and peaceful enjoyment of the property, even though the property lawfully belongs to the homeowner.
  • A homeowner or landlord is only permitted to enter the premises with consent from the tenant and/or with proper notice being issued to the tenant, except in emergencies.
  • Entering the leased premises without the necessary consent and/or notice to the tenant is an offence in terms of the Rental Housing Act and may lead to severe consequences.
  • It is possible for a homeowner to approach the court without an attorney for an order evicting a tenant.
  • It is however not advisable due to the specialised nature of an eviction application and the specific requirements that must be met in order to satisfy a court.

Do You Have Any Other Questions?

Contact us today to get the answers you are seeking regarding the eviction of a
tenant from your residential or commercial property.

GET IN TOUCH

In association with Maree Attorneys and various advocates