How landlords could avoid rental clashes and eviction mistakes

Do you have troublesome tenants but don’t know how to kick them out legally?

This is the position Vukani Mzamane of Pretoria finds himself in after renting out his one-bedroom flat in Mowbray, Cape Town, to a tenant for more than five years.

The tenant last paid rent of R4,200 in 2019 without further explanation.

“I’m based in Gauteng, and I have not been able to force her to pay or evict her, and what makes it worse is that I don’t know what legal route I can take because the options that I have been given require money,” Mzamane said. 

Property analyst Cacisa Mgudlwa from Ulakhiwo Investment Holdings and Property Talk with Cacisa Mgudlwa said evicting a tenant can be a long and tedious process that requires patience. 

She said the rights of both landlords/landladies and tenants are protected by the Rental Housing Act.

“In simple terms, the Act aims to make sure that both parties are treated fairly. It covers things like lease agreements, rent payments, property maintenance and eviction rules,” Mgudlwa said.

“The Act ensures tenants have safe, liveable homes and landlords can manage their properties legally. It also provides a way to resolve disputes, often through rental housing tribunals.”

Mgudlwa said the Act ensures tenants have access to a safe, well-maintained living space, protection from unfair evictions and the right to privacy. It also limits how often and by how much rent can be increased and requires landlords/landladies to return deposits fairly.

For landlords/landladies, it provides legal grounds to collect rent, evict non-paying or tenants who damage property, and recover costs for property repairs.

She said that by providing a legal framework, the Act helps prevent abuse from either side and promotes fair, transparent rental agreements.

Despite having a lease agreement in place, sometimes landlords/landladies make eviction mistakes such as not following legal procedures, giving improper or informal notice, attempting illegal “self-help” evictions like changing locks or operating without a clear lease agreement.

“To avoid these errors, landlords should always follow the legal eviction process, issue proper written notices, avoid taking matters into their own hands, keep detailed records, base evictions on valid reasons and use clear, signed lease agreements. Doing so helps ensure compliance with the law and avoids costly legal disputes,” said Mgudlwa.

In SA, the eviction process is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).

Mgudlwa said landlords/landladies must first ensure that the lease has been lawfully terminated – either due to breach, nonpayment, or the end of a fixed term – and give the tenant written notice to vacate.

“If the tenant refuses to leave, you must apply to the court for an eviction order. The court will then issue a notice of proceedings, which must be served on the tenant at least 14 days before the hearing. During the hearing, the court will consider whether the eviction is just and equitable, especially if vulnerable individuals like children or elderly people are involved.

“If approved, the court grants an eviction order, which can then be enforced by the sheriff. It’s illegal to evict a tenant without a court order or by force,” Mgudlwa explained.

There is also the rental housing tribunal route.  The tribunal, with offices in most provinces, is empowered by the Rental Housing Act to subpoena individuals and companies for hearings and to make legally binding orders.

It represents the interests of both landlords/landladies and tenants, and falls under municipal human settlement departments. Their services are free.

“While the tribunal cannot grant eviction orders, it can determine whether a rental practice is unlawful, which may influence subsequent legal action in court,” Mgudlwa said.

In its previous financial year, the Gauteng Rental Housing Tribunal had to intervene in 1,287 issues related to nonpayment of rent and 463 deposit disputes.

What is the Gauteng Rental Housing Tribunal?

• It is an independent body, appointed by the MEC in terms of the Rental Housing Act, to resolve disputes between landowners and tenants in residential rental dwellings. It is a dedicated body to provide free, effective and efficient services to resolve disputes between tenants and landlords.

Quick Take

Tips for landlords/landladies:

• Act immediately once a tenant fails to pay rent by approaching the tribunal for an order instead of resorting to unlawful self-help mechanisms;
• Issue receipts as proof of payment of rent; and
• Keep a record of municipal statements.

Tips for tenants:

• Create a master file for your lease agreement, communication and correspondence with your landlady/landlord, receipts, rent statements and joint entry inspection checklists;
• Establish upfront whether rent is inclusive of municipal services;
• Your deposit should be kept in an interest-bearing account held by a financial institution, and tenants have a right to request a statement of the interest earned on the money at any time during their tenancy. The deposit and its interest should be paid out to the tenant when the lease agreement expires; and
• Use the tribunal information offices situated in different municipal offices across Gauteng for advice. – Source: the Gauteng Rental Housing Tribunal

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