Eviction from rental housing is illegal without court order

According to the Rental Housing Act, eviction is illegal without a court order.

Landlords who want to evict tenants MUST follow legal processes. A landlord has the right to apply for a court order, but doesn’t have the right to forcefully evict a tenant from their home.

Have you been threatened with eviction?

Are you a landlord at odds with your tenants?

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Here’s what South African law states.

RENTAL HOUSING: EVICTION IS ILLEGAL WITHOUT A COURT ORDER

According to the law, evictions are illegal without a court order.

No, landlords may not force tenants out of their home. Illegal evictions are a crime, and could lead to the landlord’s arrest.

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The Rental Housing Act advises the correct legal process for all evictions, which must be accompanied by a legally-granted eviction order.

Landlords can apply for eviction orders through a Magistrate’s Court.

Without a court order, landlords cannot force tenants to leave illegally. The South African Police Service (SAPS) could arrest the landlord for their actions, until a case has been heard before a tribunal.

THE RENTAL HOUSING ACT

The Rental Housing Act exists to protect the rights of landlords and tenants.

A Rental Housing Tribunal hears disputes,

Tenants and landlords have a right to have their case heard before a tribunal. Acting outside the law can be problematic for landlords and tenants.

THE RENTAL HOUSING TRIBUNAL

Each province has a local housing tribunal dealing with disputes.

Landlords and tenants may approach the Rental Housing Tribunal (RHT) for their province/area if there is a dispute.

Cases can include: Lack of maintenance, inadequate living conditions, discrimination, illegal notice, and threats of illegal eviction. The Tribunal also hears cases related to non-payment and deposits.

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