Get rid of unwelcome tenants in a legal way
Renters – even illegal ones – have rights which is why landlords shouldn’t try to take the law into their own hands when evicting defaulting parties
LOCKED out, services disconnected, unannounced visits or withholding rental deposits: landlords are often given a bad rap. But while there are terrible landlords, there are terrible tenants, too – those who don’t pay on time, damage or fail to maintain property, the malcontents, the bad neighbours, the antisocials.
Arguably, the worst tenant, though, is the one who overstays his/her welcome once the lease has expired or has been breached. And then stops paying. Which leaves the landlord up the proverbial creek, knowing that they need to incur tens of thousands of rand in expenses to evict the tenant.
Instead, landlords cut services themselves or lock their tenants out. It’s not legal, nor effective – because squatting with a roof over your head is better than being out on the streets.
The Prevention of Illegal Eviction From and Unlawful Occupation of Land Act (also known as the PIE Act) came into effect in June 1998, which sets out procedures for legal evictions. Landlords cannot evict illegal occupants without first obtaining a court order. But it can be an expensive, protracted process. And finally obtaining that court order doesn’t mean it will – or can – be executed.
Cilna Steyn, of SSLR Specialist Property Lawyers, who acts for landlords, property managers and rental agents in tenant disputes and evictions, says the odds are stacked against landlords because evictions are costly and people who own immovable property don’t qualify for legal aid. “The tenant qualifies, though, so they can get legal aid, not the landlord.
“There’s a misconception that a court order is the end of the road for landlords, because even if the correct court procedures for obtaining that order are followed, they could end up having to start the process over again. In the meantime, the illegal occupant stays put while the landlord racks up legal fees and loses income.”
She says not all eviction orders are executable because of opposition from occupants and the community, and a lack of support from law enforcement.
“We’re a specialist law firm, so our success rate is far higher, but you always have exceptions. Since 2016, we’ve had three cases where we couldn’t execute court orders. Every time, community members have helped the occupants to return.”
She says if court orders are unexecutable, attorneys tend to walk away. But you have to be in it for the long haul.
“I refuse to give up on a landlord who can’t execute an eviction order. Most landlords don’t have the money to go to a specialist law firm, so they go to a small firm that doesn’t understand evictions very well.
“It is a very complex field. The reason our firm can do this effectively is because we understand the processes – ultimately, this makes it quicker, less costly and more efficient.”
Evictions are further complicated by community sensitivities – the Red Ants are renowned for their heavyhanded, methods, foreign security guards end up worsening tensions, and the sheriff cannot go in alone to remove occupants.
“The moment you bring in something like that, you have community resistance on a whole different level.”