The ever present concern of receiving regular, on-time rent from a tenant is a continuous and constant fear to most landlords. It seems that the only way to secure monthly rent is by taking preventative actions, like employing proper tenant screening processes. Although this is unquestionably a wise method to assist you in preventing such concerns, it is not fool-proof. In the current economic climate, even a screened tenant with a pristine record can overnight become a non-paying nightmare tenant.
Having a non-paying tenant is a very real possibility for every landlord. Being forced to evict non-paying tenants, might seem like a last resort, but it became a very necessary option that has to be considered.
Evicting a person using any method other than through proper legal channels is extremely dangerous.
A spoliation order can easily be obtained from a court using an application based on the common law remedy of mandament van spolie. A tenant can apply to a court to have possession reinstated by merely showing actual dispossession occurred and that said dispossession was unlawful. Any actions taken to force a tenant out, like changing locks, removing doors or cutting electricity or water supply are unlawful if done without a court order.
Courts are inclined to order that costs incurred for such an application be awarded in favour of the applicant (the tenant). This means that a landlord can be forced to pay for the legal bill to have a non-paying tenant reinstated in the landlord’s property.
The only sensible solution is to get legal assistance from an experienced attorney. Legally evicting a tenant is possible!
Although legally evicting a tenant is quite cumbersome and technical, law firms specialising in evictions regularly navigate this legal minefield. Because you are essentially asking a court to force someone out on the streets, very rigid procedures need to be followed.
HW Theron Inc. has the expertise to assist you with cost-effective and speedy evictions. Make an appointment today for a consultation in this regard and let us help you take back control of your property. Contact us on (012) 347 2000.