Whether you’re already a landlord or are looking to become one in the near future, knowing your rights is essential to avoid or mitigate a potentially sticky situation.
Here are a few frequently asked questions about South African landlord rights to keep you informed:
- Can a landlord evict a tenant? A landlord can indeed evict a tenant, but only with a court order.
- Can a landlord’s relative evict the tenant on their behalf? A landlord’s relative can only evict the tenant on their behalf if they have power of attorney.
- How can a landlord evict a tenant? There are three ways to evict a tenant, each with their own requirements and conditions. See these options here.
- What happens to the landlord if they evict the tenant without a court order? If the tenant seeks prosecution, the landlord can face criminal charges and jail time of up to two years.
- Can a landlord remove an evicted tenant that removes to leave? No, only a police officer can remove an illegal tenant.
- Can a landlord take their tenant’s private possessions to pay for missed rent? A No, a tenant can criminally charge the landlord with theft in this regard. The landlord can however sue the tenant for any arrear rental which may give them a court order to remove tenant possessions in place of rent.
In case you missed it, we recently put together a list of frequently asked questions about tenancy rights in South Africa. Knowing your tenant’s rights will be helpful, too!