Understanding Business Evictions: Can You Be Removed Instantly?

As a commercial tenant in South Africa, the threat of eviction can be a significant concern, especially if you’re unsure of your rights. Many tenants wonder, “Can a business landlord evict me immediately?” The short answer is no – landlords must follow a legal process to evict a tenant. At Burger Huyser Attorneys, we specialise in property law and are here to guide you through the eviction process and your rights as a tenant. In this blog,

Can a Landlord Evict You Immediately?

In South Africa, a business landlord cannot evict you immediately without following the proper legal process. Here’s what you need to know:

  • Legal Framework: Commercial evictions are governed by the Common Law and the terms of the lease agreement, not the PIE Act (which applies to residential properties).
  • Notice Requirements: The landlord must provide written notice and allow you time to rectify any breaches (e.g., non-payment of rent).
  • Court Order: The landlord must obtain a court order before evicting you. Self-help evictions, such as changing locks or cutting utilities, are illegal.

Grounds for Commercial Eviction

A landlord can only evict you for valid legal reasons. Common grounds include:

  1. Non-Payment of Rent: If you fail to pay rent, the landlord can issue a notice giving you time to pay (usually 20 business days).
  2. Breach of Lease Agreement: This includes subletting without permission, causing damage to the property, or engaging in illegal activities.
  3. Expiry of Lease: If the lease has ended and you refuse to vacate, the landlord can apply for eviction.
  4. Landlord’s Business Needs: If the landlord needs the property for their own business or to sell it, they can evict you with proper notice.

The Legal Eviction Process for Commercial Tenants

The eviction process for commercial tenants involves several steps. Here’s what to expect:

  1. Notice of Breach: The landlord must issue a written notice specifying the breach and giving you time to rectify it.
  2. Notice of Termination: If the breach is not resolved, the landlord can issue a notice of termination, giving you a reasonable period to vacate (usually one month).
  3. Court Application: If you refuse to leave, the landlord must apply to the High Court for an eviction order.
  4. Court Hearing: The court will consider the case and may grant an eviction order if it is justified.
  5. Sheriff’s Eviction: If the court grants the order, the Sheriff will carry out the eviction.

At Burger Huyser Attorneys, we can help you understand the process and ensure your rights are protected.

How to Protect Yourself from Unlawful Eviction

If your landlord attempts to evict you unlawfully, here’s how to protect yourself:

  1. Know Your Rights: Familiarize yourself with the terms of your lease and the legal eviction process.
  2. Communicate with the Landlord: Attempt to resolve the issue amicably, such as negotiating a payment plan for rent arrears.
  3. Seek Legal Advice: Consult a property law expert to understand your options and defend your rights.
  4. Challenge the Eviction: If the landlord does not follow the legal process, you can challenge the eviction in court.

Our team at Burger Huyser Attorneys can guide you through the process and ensure your rights are upheld.

Facing Eviction? Trust Burger Huyser Attorneys to Protect Your Rights

If you’re a commercial tenant facing eviction or need help understanding your rights, don’t navigate the process alone. At Burger Huyser Attorneys, we’re here to provide expert legal guidance and ensure your rights are protected.

Contact us today for a confidential consultation. Let us help you resolve disputes, challenge unlawful evictions, and secure your rights as a tenant. Your business is too important to leave to chance – trust Burger Huyser Attorneys to stand by your side every step of the way.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE