Most landlords ask us the above question, and it can be difficult to decide when is the right time to evict a tenant. Most often, this can be answered with reference to the rental arrears or the difficulty that the tenant presents.

We normally advise our clients that they should start considering an eviction in the following situations:

  • Where the tenant is outright refusing to pay rent.
  • Where the tenant is behind with rent and fails to provide concrete payment dates, or misses the payment dates.
  • Where the effort required to manage the tenant exceeds the value received from the tenant paying rent.
  • Where the tenant is abusive towards the landlord. This can take the form of the tenant making unrealistic demands (such as painting the property a certain colour, or having to make repairs to damage caused by the tenant).

Owing to the eviction process taking some time and not being instant, it is often better to make a decision sooner rather than later and hence you are welcome to contact us to discuss your matter and provide you with advice that is applicable to your circumstances.

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

Categories: Eviction

Bruce Barkhuizen

Bruce Barkhuizen is an attorney and notary in the dispute resolution department of Bruno Simão Attorneys and has experience in property law, eviction law, commercial law, contract law, criminal law and company law.

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