Frequently Asked Questions
At Rubensteins Attorneys, we understand that navigating the legal complexities of property management can be challenging. Whether you are dealing with tenant arrears, lease cancellations, or unlawful occupations, our team of experienced professionals is here to provide you with clear, pragmatic, and effective legal advice. Below, we address some of the most common questions landlords have about the eviction process.
How long does the process take?
It is best to act quickly once a tenant is in arrears, or is in unlawful occupation. There are many reasons for this: “Last resort” mindset: the landlord has opted for an eviction application as a last resort, and as such, the battle with the tenant has been ongoing for a long time already by the time the process is even launched. The tenant is also complacent by that time. Systemic delays: certain Courts are more burdened than others so there may be waiting periods to get court dates that our out of your attorney’s hands Service: residential eviction applications must be served personally, which can take time. The Sheriff’s have a lot of work, so attorneys must budget adequate time for service. The process may take approximately 2 months to get an order, this may vary on a case by case basis.
What can I do to get my lost rental back?
A landlord must issue Summons to claim any arrear rental and damages. This may be a separate action from your eviction application.
When can I arrange for a new tenant to move in?
It is advisable not to give a new tenant an occupation date until your Eviction Order has been granted.
I have now paid all of the outstanding rental – can I stay on at the premises?
Maybe. The landlord may agree to a settlement wherein you pay all the outstanding monies owed and he will agree to enter into a new lease with you, but the landlord is not obliged to. The landlord may not agree to settle and may insist on proceeding with the eviction application.
What non-legal routes are available to me to evict a tenant?
No, the only way to lawfully evict a tenant, residential or commercial, is with a Court Order. It is unlawful to cut their electricity or municipal services as everyone is entitled to access to these essential services under the Constitution.
My lease was cancelled – how long do I have until I must move out?
You must move out immediately, failing which, you run the risk of the landlord applying to Court to evict you.
More Questions About Property Matters?
In addition to handling evictions, we can assist you with all your property-related transactions and questions. From drafting and reviewing leases to managing disputes and ensuring compliance with South Africa’s property laws, Rubensteins Attorneys is committed to helping you achieve your property management goals efficiently and legally. Our goal is to ensure you are well-informed and supported throughout every step of the process.