The Ban of Evictions - COVID 19

With the recent announcement that no evictions will be allowed during lockdown, coupled with the fake news that has been circulating that government has ordered that tenants do not have to pay rent for a period for 90 days, has landlords in a panic.

Does this mean that you’re stuck with a bad tenant indefinitely?  No! 

Firstly, there has been no regulation or payment holiday for tenants, allowing them to skip on their rental payments.  All tenants are obliged by law and by the contract they have entered into with their landlord to make their rental payments on time.  Failing to pay your rent amounts to a breach of contract and could lead to eviction.

The current announcement on the ban of evictions has indicated that during the 21 day lockdown, no court order may be made or executed to allow the eviction of a tenant, however that doesn’t mean that you can’t continue with the eviction proceedings pending the end of lockdown.

The necessary letter of demand can be prepared and sent together with the cancellation of lease notice, and the PIE (Prevention of Illegal Evictions) application can be drafted and prepared beforehand.

This means you can prepare and oust bad tenants as soon as possible to ensure that you are able to safeguard your property, income and ability to pay a bond.

That being said, there is also no suggestion that if you have a good tenant that falls on hard times due to the current state of emergency, that a compromise cannot be reached by the way of reduced rental payments which can be caught up at a later stage.  However this is completely discretionary and in the hands of the landlord.

Contact us today to assist either with the mediation of a compromise between you and your tenant, alterantively with implementing the first stages of eviction.

For more information on COVID-19 in South Africa please visit the South African COVID-19 Portal

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