Landlord-tenant disputes and evictions

FAQ for Landlord-tenant disputes and evictions

What is a landlord-tenant dispute?

A landlord-tenant dispute is a disagreement between a landlord and tenant regarding the rental property, lease agreement, or related issues such as rent payment, repairs, or eviction.

Can a landlord evict a tenant without a court order?

No, a landlord cannot evict a tenant without a court order in South Africa. The landlord must follow the legal eviction process, which includes giving notice to the tenant and obtaining a court order before evicting the tenant.

How much notice does a landlord need to give a tenant before eviction?

The notice period depends on the reason for the eviction. If the eviction is due to non-payment of rent, the landlord must give the tenant 14 days' notice. If the eviction is for any other reason, the landlord must give the tenant one month's notice.

What are the grounds for eviction in South Africa?

The grounds for eviction include non-payment of rent, breach of the lease agreement, illegal use of the property, and the landlord's need for the property.

Can a tenant be evicted during the COVID-19 pandemic?

Yes, a tenant can still be evicted during the COVID-19 pandemic, but the eviction must follow the legal process, and the court will consider the tenant's circumstances, including the impact of the pandemic on their ability to pay rent.

What can a tenant do if they are facing eviction?

A tenant facing eviction can seek legal advice from a lawyer or a legal aid organization, negotiate with the landlord, or dispute the eviction in court.

Can a landlord increase the rent during the lease period?

No, a landlord cannot increase the rent during the lease period, unless the lease agreement allows for rent increases or if the tenant agrees to the increase.

What are the tenant's rights regarding repairs and maintenance?

The landlord is responsible for maintaining the rental property in a good condition. The tenant has the right to report any repairs or maintenance issues to the landlord and can take legal action if the landlord fails to address the issues.

Can a tenant terminate a lease agreement before the end of the lease period?

Yes, a tenant can terminate a lease agreement before the end of the lease period, but they may be liable for damages or penalties as stipulated in the lease agreement. The tenant must give the landlord notice and follow the terms of the lease agreement.

Conveyancing attorneys in South Africa specialize in the transfer of property ownership and the registration of immovable property transactions. The primary legislation governing conveyancing in South Africa is the Deeds Registries Act of 1937. This act outlines the procedures and requirements for the registration, transfer, and mortgage of immovable property. The Law Society of South Africa, along with its provincial branches, regulates and provides guidance to conveyancing attorneys. To access more information about conveyancing law and the Law Society of South Africa, you can visit the following links:

1. Deeds Registries Act: http://www.justice.gov.za/legislation/acts/1937-047.pdf
2. Law Society of South Africa: https://www.lssa.org.za/