To all landlords: If it takes you months to get rid of defaulters, you must first search for the fault with yourself, and not in the laws, because those same laws protect you as much as they do they tenant. Landlords must arrange to act immediately if the rent money is late by even 1 day, and not wait and wait with the hope that it might be paid later. If Landlords act immediately, they can legally get rid of a defaulter within 30 days and not within months and months because the landlord slipped up and didn’t take immediate action. So what should your action be? When the rent is late by 1 day according to the date of payment stated in the contract, you must immediately issue a 7 day warning, in writing, to the tenant, to bring the rent up to date. If the 7 days passed and nothing was paid, you must immediately issue a notice in which you cancel the rent agreement, effective 20 days later. Together with this cancellation notice, you also issue a Small Claims Court demand for all outstanding amounts (up to R15 000) TO BE PAID WITHIN 14 DAYS. If nothing is paid within 14 days, you simply take your copy of the letter of demand plus proof of delivery and proof of cancellation of the contract to the Small Claims Court, who will then immediately issue a summons. Also ask for an attached rent interdict, then take this summons to the sheriff, who will go and serve it, as well as seizing the tenant’s assets by writing it up. (your tenant at this stage still has 6 days left to stay according to your cancellation notice, and now they may not remove anything that the sheriff wrote up out of the residence)
This whole process is concluded, and if the tenant then doesn’t pay (they have 5 days time after the summons), you notify the small claims court that you want a warrant of execution and the small claims court will transfer your file to the magistrate’s court for a warrant of execution. You take that warrant of execution to the sheriff, who will then go to your tenant with it, and will remove all written up assets to be sold later if they don’t pay anything. So viola, your house is empty, problem solved. It costs you 2x sheriff fees if the whole process is completed, not even R1000 in total, and your rental property is empty within 30 days, and you have movable assets as backup for the money owed to you. So please learn to act immediately from day 1, and you won’t need to sit afterwards with long, extended and expensive eviction order costs.
So landlords, I put it to you, you have NO excuse that the law works against you.