Commercial Eviction - EasyEvictions https://easyevictions.co.za Your easy eviction specialists Thu, 21 Aug 2025 07:22:30 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://easyevictions.co.za/wp-content/uploads/2022/06/house-1.ico Commercial Eviction - EasyEvictions https://easyevictions.co.za 32 32 Why is it so important that the right to occupy be terminated? https://easyevictions.co.za/why-is-it-so-important-that-the-right-to-occupy-be-terminated/?utm_source=rss&utm_medium=rss&utm_campaign=why-is-it-so-important-that-the-right-to-occupy-be-terminated https://easyevictions.co.za/why-is-it-so-important-that-the-right-to-occupy-be-terminated/#respond Wed, 01 Oct 2025 07:19:56 +0000 https://easyevictions.co.za/?p=332 All tenants derive their ability to occupy the property from some form of consent that was given by the landlord or a person with authority to give the consent (such as an estate agent). Once this consent is given, the tenant has the right to occupy the property until the Read more

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]]> All tenants derive their ability to occupy the property from some form of consent that was given by the landlord or a person with authority to give the consent (such as an estate agent). Once this consent is given, the tenant has the right to occupy the property until the right to occupy the property is terminated.

For so long as the tenant has the right to occupy the property, the tenant cannot be evicted from the property and hence it is crucial that the right to occupy the property be terminated in accordance with the applicable laws and the agreement. If the right to occupy is not terminated in accordance with the applicable laws and the agreement, the right to occupy the property will survive and continue to allow the tenant to occupy the property and resist an eviction.

Most landlords are of the view that simply telling the tenant to leave the property is sufficient to terminate the lease agreement; however, this is not so. The right to occupy the property needs to be terminated, and only then can a landlord tell the tenant to vacate the property.

The above should not be accepted as legal advice, and you are advised to seek legal advice.

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]]> https://easyevictions.co.za/why-is-it-so-important-that-the-right-to-occupy-be-terminated/feed/ 0 My tenant claims he is unemployed and cannot pay rent. What do I do? https://easyevictions.co.za/my-tenant-claims-he-is-unemployed-and-cannot-pay-rent-what-do-i-do/?utm_source=rss&utm_medium=rss&utm_campaign=my-tenant-claims-he-is-unemployed-and-cannot-pay-rent-what-do-i-do https://easyevictions.co.za/my-tenant-claims-he-is-unemployed-and-cannot-pay-rent-what-do-i-do/#respond Wed, 17 Sep 2025 10:48:42 +0000 https://easyevictions.co.za/?p=325 The very basis of a lease agreement is that the tenant will pay the landlord for the use of the property. If the tenant cannot afford the rent, whether due to unemployment or other factors, the tenant should rather find more affordable accommodation as soon as possible – however, it Read more

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]]> The very basis of a lease agreement is that the tenant will pay the landlord for the use of the property. If the tenant cannot afford the rent, whether due to unemployment or other factors, the tenant should rather find more affordable accommodation as soon as possible – however, it is our experience that certain non-paying tenants will instead stay on the property for as long as possible.

What we would recommend is that the landlord should engage the non-paying tenant to agree on a date and time at which the non-paying tenant will vacate the property, and the landlord can even offer to help the non-paying tenant find new accommodation. The thinking behind this is that it may prove to be quicker and cheaper to try and reach an agreement as to when the non-paying tenant will leave. We highly recommend that the agreement to leave be put in writing, as this can be used should the need to evict the non-paying tenant arise.

If the non-paying tenant is engaged and it appears that the non-paying tenant is not serious about leaving the property, then you may want to commence with eviction proceedings as soon as possible. It often turns out that some non-paying tenants will try and use the good-faith engagement to extend their stay as long as possible.

In light of the above, we recommend starting eviction proceedings the moment it appears that the non-paying tenant is not serious about vacating the property (or the non-paying tenant has previously agreed to leave but continued to stay on the property).

The above should not be accepted as legal advice, and you are advised to seek legal advice.

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