The proper processes can be reviewed in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”). Essentially, you may evict a tenant if they qualify as an unlawful occupier, which could be considered the case if you have an expired lease agreement which previously gave them the right to occupy the property, if your tenant has not being paying rent, or if extensive damage to the property has been done and you’ve withdrawn consent for the tenant to continue renting your property.
The eviction process
If you decide to go ahead with evicting your tenant, the process can be explained in a few steps:
Notify your tenant in writing that they no longer have the right to occupy the property. In this notice, it’s important to provide a reasonable timeframe for the tenant to seek new living arrangements.
Secondly, if the tenant does not adhere to your notice of eviction, you may approach the court for assistance. Your application will be heard in court.
You will need to provide your tenant with notice of the court hearing, and provide it to them in writing (personally served).
During the hearing, both landlord and tenant need to be present in court. As with the landlord, the tenant also has the right to seek legal counsel and have their lawyer present in court.
Courtesy of Giel Viljoen, Principal Leapfrog Stellenbosch