FAQ's

The Eviction Process

Does an eviction work?

First, we need to terminate the lease - whether you have a contract or not. The tenant must be given 20 days to move out.

We prepare the court eviction application in the meantime. You won't believe the lengths we have to go to, to convince the court to give you an order! We even have to attach adverts of other similar properties near to the tenant, at lower rentals, to show the court the tenant has other options.

If after 20 days, the tenant hasn't vacated, we start the court process and get a court date (as soon as the busy court rolls allow).

We get the court order and engage the Sheriff of the Court to evict the tenant.

In the most extreme of cases, if the tenant won't even co-operate with the Sheriff, then we bring in the SAPS to assist. We make provision for this in the court application at no extra cost to you.

Who can evict a tenant?

Only the owner of the property can evict the tenant. Your Body Corporate, HOA or Managing Agent do not have legal standing to do that.

How long does the eviction process take?

The timeline depends on the specifics of your case, but most legal evictions take at least 3 months. Here's a typical timeline:

(note: all days refer to "court days" which are more or less the same as "business days".)

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Lease termination - 20 days

Creation of court application and service - 10 days

Tenant has 30 days to defend

Thereafter, obtain court date - you get the date the court gives you, according to how full the court roll is

[Best case:] Get court order without postponement - 2 weeks

Sheriff serves eviction notice - gives tenant at least another 2 weeks to vacate

If tenant refuses - Sheriff arrives to evict tenant

TOTAL TIME: Best case 3-4 months

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Tenants will always try delay tactics, but we apply as much pressure as we can to pre-empt this and predict any arguments they may make.

If you have a non-paying tenant, cut your losses by starting the eviction process now.

Can't I just evict my tenant without going through the legal process?

No. The Prevention of Illegal Eviction (PIE) Act 19 of 1998 makes it a criminal offence to evict a person without a court order, punishable by both a fine and up to two years imprisonment. Additionally, you could face civil action from your tenant - and believe us, they always know eviction law well - and be liable for over R100,000 in legal costs. ​

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It's also illegal to interfere in any way with the tenant's use of the property without a court order - that includes the following ideas (and please believe us when we say you are NOT the first person to have these ideas):

- Changing the locks

- Removing or destroying the tenant's belongings

- Harassing or intimidating the tenant

- Taking the front doors off the hinges "for renovations"

- Tactically moving other aggressive tenants into the property to harass the squatting tenants

- Switching off or limiting the water, electricity and other utilities

- Blocking access into or out of the property

- Removing the tenant from systems like security apps, gate access, etc.

Do I need to go through to court myself?

In most cases, no. We handle all legal filings and represent you throughout the process. If your presence is ever required, we’ll advise you in advance and guide you through it.

My tenant is damaging my property. Can I evict them for that?

Yes — deliberate property damage is a valid ground for eviction. We can act quickly to begin the legal process before the damage worsens.

What if the tenant refuses to leave even after the court order?

Then they're making it even worse for themselves. Once an eviction order is granted, the Sheriff of the Court will be authorised to physically remove the tenant if they still refuse to vacate. We coordinate the process for you.

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If they STILL refuse to comply with the Sheriff, the Sheriff will bring in the SAPS to assist. The tenant will additionally be guilty of contempt of court. And we’ll help you press criminal charges. If they cross this line, the SAPS will be a lot less gentle. You will get your property back.

Can I evict the tenant if we didn't sign a proper written lease agreement?

Yes. If you didn't sign a lease agreement, you might still have a "written agreement" if the terms were agreed to by email or Whatsapp. If the whole agreement was verbal, that's also fine*. Your right to eviction stems from legislation and restitution of possession of your property.

* BUT PLEASE use a written agreement for your next lease though! It gives you so much more protection than a verbal agreement, and the terms are easier to prove. We'll provide a free Residential Lease Agreement template for you to use.

Can I evict a tenant during a lease or month-to-month arrangement?

Yes, provided you have grounds to (e.g. non-payment, damage to property, breach of BC/HOA rules, lease violations, etc.).

Will this affect my ability to rent out the property again?

No - once the tenant is lawfully removed, the property can be re-let. In fact, we can help you include stronger lease terms to prevent similar issues in future. If you have a managing agent, we’ll also notify them during the eviction process to start finding you another suitable tenant ASAP to help you cut your losses.

FAQ's

Managing Agents

Doesn't my Managing Agent cover this service?

No. Managing agents are an important front line, managing tenants monthly with statements and demand letters to keep tenants in line – and we much prefer if you DO have a Managing Agent for the property, as we’ll work with them to keep your investment running smoothly. But when a tenant makes the decision to stop paying and start squatting, only a court order can force them to pay and to move out. For that, you’ll need our experienced property law Attorneys to manage the legal process efficiently.

Am I allowed to subscribe to Property Protect® if I have a Managing Agent?

Yes! Managing Agents do great work in assisting with the front-line management, and pressure tenants to pay rentals on time. But if a tenant is determined to occupy the property illegally, the only way to get them out is with a court order.

Any contract or rule that tries to prevent you from using Property Protect® should be treated with suspicion - it's your property, and your choice. Only attorneys are allowed to do legal work like evictions. ALSO, only you as the owner have the legal authority to institute an eviction. Managing Agents cannot evict your tenant. Please contact us to report any person who tries to prevent you from using Property Protect®.

My Managing Agent has told me they already have attorneys, or a legal service covering my property.

Absolutely not! This arrangement can cause a conflict of interest. It's always better to have your own attorneys who represent your own interests.

Remember, the legal interests of your Agent / BC / HOA are opposite to yours. Their interest is to ensure you pay fees and levies on time - irrespective of whether the tenant is paying or not. If the tenant isn't paying rent, and you stop paying levies, then an Agent / BC / HOA might take legal action against you.

FAQ's

Bodies Corporate and HOAs

Am I allowed to subscribe to Property Protect® if my property is in a Sectional Title / HOA?

Of course! Any contract or rule that tries to prevent you from using Property Protect® should be treated with suspicion - it's your property, and your choice. Only attorneys are allowed to do legal work like evictions. ALSO, only you as the owner have the legal authority to institute an eviction. BCs cannot evict your tenant. Please report any person who tries to prevent you from using Property Protect® here.

My Body Corporate / HOA has told me they already have attorneys, or a legal service covering my property.

Absolutely not! This arrangement can cause a conflict of interest. The BC / HOA attorneys are appointed to protect the BC / HOA interests. It's always better to have your own attorneys who represent your own interests.

Remember, the legal interests of your BC / HOA are opposite to yours. Their interest is to ensure you pay levies on time - irrespective of whether the tenant is paying or not. If the tenant isn't paying rent, and you stop paying levies, then the BC / HOA may take legal action against you.

Do you offer services to Bodies Corporate and HOAs?

Yes. We offer levy collection and other property related services. Contact us for help.

Can my Body Corporate / HOA / Managing Agent force me to evict my tenant / stop me from evicting a tenant? Do I need permission from any of them?

No ways! Please report any person who tries to force you to, or stop you from, evicting a tenant from your property.

FAQ's

Cover and Exclusions

What does Property Protect® cover?

With Property Protect®, you are covered for our Attorneys’ professional legal fees for the eviction process (R20,000 +) and rental arrears collections (R15,000 +). We handle the eviction from first lease termination letter to obtaining a warrant of eviction and delivery thereof to the Sheriff. We coordinate with the Sheriff (and SAPS if necessary) to secure the eviction. We communicate with the tenant, informing them when their lease has been terminated, when an eviction application has been launched, when they should appear in court and when the application has been granted. If the tenant is in contempt of court, we will assist you in pressing criminal charges and launching contempt of court proceedings too.

We also commence arrears rental recovery for you. This is a separate summons against the tenant for outstanding rent. The length and complexity of this process depends on what evidence you have – if you have a proper written lease agreement and have sent proper statements to the tenant timeously, then it is much easier to get judgment. We run the legal process, obtain a court order against the tenant, and obtain a warrant of execution for the Sheriff to use to attach property.

All in all, Property Protect® covers your legal costs in the event of a claim, which can range widely from R60,000 to over R150,000 if a tenant is really difficult.

What is not covered by Property Protect®?

Your Property Protect® Subscription Fee does not cover the events below. We can assist with these additional events - if you do find yourself needing legal assistance with these, please contact us for a bespoke quotation. Property Protect® subscribers get 20% off the legal fees of these other events.


· Pre-existing cases (cases arising before or within 3 months after signing up) – in such a case you will have to make a co-payment, but this cost is still less than half of the normal costs of eviction and arrears rental collection.


· Disbursement costs (third party costs) included but not limited to Sheriff’s fees, the cost of using an Advocate instead of one of our Attorneys at a court hearing, or security costs e.g. if you want to bring in a private security firm to assist the Sheriff in an eviction instead of / in addition to the SAPS.


· Lawsuits against you, your property or other property law disputes other than eviction or arrears rental collection.


· Other litigation related to your property including but not limited to creditors seeking to attach your immovable property in payment of a debt, liquidation, sequestrations, rights disputes, property transfers (conveyancing).


· Other disputes with tenants, neighbours, the State, Managing Agents, Bodies Corporate and HOAs, including but not limited to: noise complaints, administrative penalties, levies disputes, utilities disputes or applications to limit / shut off utilities, other criminal matters, rates and taxes, commissions payable to Estate Agents / Managing Agents, disputes at the Rental Housing Tribunal, disputes at CSOS relating to anything other than arrears payable, emoluments attachment orders, Section 65 financial reviews, debt reviews, interpleaders vs other creditors, deceased estate or trust matters, defamation or other types of matters, or levy disputes with your BC / HOA.


· Legal action by tenants against you where any of your conduct has been illegal, deplorable or where you have attempted to take the law / the legal process into your own hands, including but not limited to a spoliation application by the tenant if you try to remove them illegally or interfere in any way with their use of the property.


· Directorship, trustee, member and shareholder disputes in Bodies Corporate or HOAs.


· Attendance at any meeting or hearing.


· Although we will provide you with a free residential lease agreement for your tenant, we do not provide any other custom contract or legal service not listed in the “What does Property Protect® cover?” section above.

· [Unless you appoint us as a Managing Agent as well] we do not do any work which forms the normal duties of a Managing Agent, including but not limited to sourcing tenants, advertising your property, and providing tenants with invoices/statements of account.


· [Unless you use our Paymaster Services] we do not do any management of any rentals to be paid by the tenant to you – with the exception of arrears rental which we do collect from the tenant in the event of their default, which we will then pay over to you upon successful collection.

FAQ's

Guarantees

Do you guarantee you will get successful eviction?

Yes! Although no one can guarantee how long it will take, we guarantee we'll get illegal occupiers evicted within a year at worst case - or we'll refund your last 12 months' subscription fees.

Do you guarantee you'll collect all outstanding rental arrears?

No, unfortunately it’s impossible to guarantee this. If the tenant really has no money or assets, even a court order can’t make them pay. But what we do guarantee is: we’ll get a court order, and we will do everything in our power to try recover value from the tenant somehow – whether that’s by getting an emoluments attachment order or attaching their assets – and we’ll pursue them until they’re too exhausted to keep running.