“Landlords who have an illegal occupant in the property and who have not performed unfair practice, will always obtain their eviction order successfully. For example, there was a case involving 200 families which cost R2m for the Sheriff to evict the tenants. “It is notoriously difficult to claim for these costs as part of the overall damages and legal costs. “Presupposing you have an eviction order and a Sheriff is there to forcibly remove the tenants, the cost depends on the size of the property and the number of tenants,” says Michelle Dickens, MD of Tenant Profile Network. In cases such as these, rental defaults will be very high and if the legal route is followed from start to finish - which can take up to 18 months - a landlord may battle to recoup legal and court fees as well as outstanding rental from tenants.
“Fees range from R6 000 to R25 000 for an unopposed eviction, and up to R100 000 depending on the court, the province in which it is launched and whether or not it is opposed,” he says, noting that these costs will come out of the landlord’s pocket, though they can be passed on to the tenant.” South Africa’s official unemployment statistics reveal that a quarter of the workforce does not earn a regular income, with many sectors bleeding thousands of jobs every year - a case in point is Witbank’s stalwart employer, Highveld Steel and Vanadium which closed shop last month, retrenching more than 2 000 workers. Marlon Shevelew of rental property law firm, Marlon Shevelew and Associates, says costs to evict a defaulting tenant can significantly escalate in the case of an opposed eviction. “Get bad tenants out as soon as possible - even if it means offering to write off some of the arrear rental,” he says. I’d say the ballpark figure is from R5 000 to R15 000. “The longer the fight to get the tenant out, the more expensive the eviction process. Others put up a fight and remain in the property for longer,” says Willem le Roux, director at eviction specialist firm, Le Roux Attorneys.
“Some recalcitrant tenants vacate after receiving the first demand from an attorney to do so. The amount of blood and pain on the landlord’s part, however, depends on factors such as a stubborn tenant who refuses to budge as well as the legal team hired. Louis Kruger Property Management - Here’s What It Costs to Evict a Tenant! In evictions, the most important thing is to stop the financial bleeding.
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