Gavel in court. Image via www.pexels.com/Ekaterina Bolovtsova
Rental Housing: Eviction is illegal without a court order
According to the Rental Housing Act, eviction is illegal without a court order. Here’s how landlords (and tenants) can follow the law.
Gavel in court. Image via www.pexels.com/Ekaterina Bolovtsova
According to the Rental Housing Act, eviction is illegal without a court order.
Landlords who want to evict tenants MUST follow legal processes. A landlord has the right to apply for a court order but doesn’t have the right to forcefully evict a tenant from their home.
ALSO READ: Crimestop: Report fraud and crime here
Have you been threatened with eviction?
Are you a landlord at odds with your tenants?
ALSO READ: Report serious crimes to THESE places
Here’s what South African law states.
Rental Housing: eviction is ILLEGAL without a court order
According to the law, evictions are illegal without a court order.
No, landlords may not force tenants out of their homes. Illegal evictions are a crime and could lead to the landlord’s arrest.
ALSO READ: Local Celebrities becoming victim to ‘bitcoin scams’
The Rental Housing Act advises the correct legal process for all evictions, which must be accompanied by a legally-granted eviction order.
Landlords can apply for eviction orders through a Magistrate’s Court.
ALSO READ: Fraud reporting could save South Africa… HERE’S WHY
Without a court order, landlords cannot force tenants to leave illegally. The South African Police Service (SAPS) could arrest the landlord for their actions until a case has been heard before a tribunal.
The Rental Housing Act
The Rental Housing Act exists to protect the rights of landlords and tenants.
A Rental Housing Tribunal hears disputes,
Tenants and landlords have a right to hear their case before a tribunal. Acting outside the law can be problematic for landlords and tenants.
The Rental Housing Tribunal
Each province has a local housing tribunal dealing with disputes.
Landlords and tenants may approach the Rental Housing Tribunal (RHT) for their province/area if there is a dispute.
Cases can include Lack of maintenance, inadequate living conditions, discrimination, illegal notice, and threats of illegal eviction. The Tribunal also hears cases related to non-payment and deposits.
More about this story
Let us know what you think about this story. Are you a landlord or a tenant? Send us your thoughts to info@thesouthafrican.com. We want to hear from you!
Tags:
