Eviction notices: tips for tenants and landlords to avoid them

Getting an eviction notice can be a gut-wrenching moment. For tenants, it's the fear of losing your home, while for landlords, it's the frustration of dealing with unpaid rent and potential legal battles. In these tough times, finding yourself in such a situation is more common than you think. But with the right approach, eviction doesn't have to be inevitable. A little planning, open communication, and mutual understanding can go a long way in keeping everyone on the same page and avoiding that dreaded notice.

When can a tenant be evicted?

In South Africa, the Rental Housing Act 50 of 1999 says a tenant may not be evicted or caused to vacate the premises unless they have committed a breach of lease. In this instance, a landlord can cancel the lease and proceed with an eviction if the tenant does not vacate the premises. The landlord would then apply to court for an eviction order to be issued to the tenant. 

Breaching a lease agreement can take several forms, including:

• Non-payment or persistent late or incomplete rental payments
• Creating damage or unauthorised changes to the property 
• Subletting the property without permission
• Engaging in illegal activities like dealing drugs or theft
• Creating a disruptive environment for other residents

Besides lease breaches, if a tenant chooses to stay within a property once the lease term ends or expires, they become an illegal occupier and must vacate. In this instance, landlords can approach the court to start the eviction process.

Tips for tenants to avoid eviction notices

The process can be a drawn-out and draining experience for all parties involved. As a tenant, there is plenty you can do to avoid receiving a notice of eviction:

• Pay rent on time: Make rent payments a top priority each month. Set up automatic payments or reminders to ensure you're never late.
   
• Stick to your lease terms: Follow all the rules laid out in your lease, from property maintenance to how many people can live in the unit. Breaching these terms can give your landlord grounds for eviction.
   
• Communicate any issues promptly: If you know you'll have trouble paying rent, let your landlord know ahead of time. Open communication can help you work out solutions like a payment plan before things get worse.
   
• Seek financial help early: If you're falling behind on rent, don't wait until it's too late. You can get financial counselling or sign up for services that can restructure any debts you may have. 
   
• Avoid property damage: Take good care of your rental property to avoid violating lease terms related to damages. Report any maintenance issues to your landlord instead of trying to fix things yourself.
   
• Respect noise and occupancy rules: Breaching noise restrictions or hosting extra tenants without permission can lead to eviction. Make sure you're aware of all the stipulations in your lease regarding these matters.
   
• Stay within your means: If your current rent is becoming a financial burden, consider downsizing or moving to a more affordable place before the situation gets worse.
   
• Maintain a good relationship: Being a responsible tenant and keeping open, respectful communication with your landlord or property manager can help avoid conflicts that could lead to eviction.

Tips for landlords to avoid eviction notices

Good tenants can be hard to find, so it can be a smart move to work with your tenant, show compassion, and try to find solutions. Here are steps to take before you find yourself searching for an "eviction lawyer near me". 

• Screen tenants carefully: Conduct thorough background checks, including credit and rental history, to ensure tenants are likely to pay rent on time and follow lease terms.
   
• Set clear expectations upfront: Make sure your lease agreement clearly outlines rent due dates, penalties for late payments, property care, and other rules. This helps avoid misunderstandings that can lead to breaches. You should also take time to go through the lease agreement and make sure tenants understand their responsibilities. 
   
• Maintain open communication: Foster a good relationship with your tenants by encouraging open dialogue. If they face financial difficulties or other challenges, they may feel more comfortable reaching out to you early. In the instance tenants breach their lease agreement, you should inform and allow them to rectify the breach. The Consumer Protection Act (CPA) affords tenants 20 days to do so. 
   
• Act quickly on late payments: Address missed payments early by sending friendly reminders and discussing possible solutions like payment plans or extended due dates before it becomes a bigger issue.
   
• Regularly inspect the property: Conduct routine inspections to ensure the property is being maintained properly and that lease terms are followed. Early intervention can prevent larger breaches.
   
• Consider rental insurance: This can cover the rent if the tenant faces unexpected financial trouble, helping avoid eviction.
   
• Be mindful of rent increases: Avoid steep or frequent rent increases that could put a financial strain on tenants, especially in tough economic times.

Rental management services can prevent evictions

Rental agencies play an invaluable role in creating good tenant-landlord relationships. They handle tenant communication, deal with queries, collect rent, carry out inspections and maintain the property. For landlords, these are processes that require time, energy, knowledge, and resources like property management software they may not have access to. 

In this respect, Kellaprince Properties is well-equipped to do the heavy lifting and ensure the potential for evictions is minimised. Landlords can list their property with our rental property specialists while tenants can choose to live in a property managed by the best.