Commercial Law – Evictions
Dirk Kotze Attorneys
A young, dynamic and energetic boutique Law firm offering specialised services to clientele across South Africa.
A?commercial lease is required whenever a business rents a commercial property to conduct business from that location. Commercial leasing disputes are unfortunately common in South Africa and often lead to evictions.?
This can be a lengthy and costly process, and it is important to understand the causes of tenant disputes and the rights of commercial landlords in order to avoid or minimise conflict. This article will discuss commercial leases, the different types of disputes that may arise, and the eviction process.
The commercial eviction process in South Africa is relatively straightforward, provided that the correct procedures are followed. The main reasons for tenant disputes are:
?1) rent arrears;
2) damage to the property;
3) illegal activities on the premises; and
4) use of the premises for purposes other than those agreed to in the lease agreement.
?Landlords have a number of rights which they can enforce against tenants who are in breach of their lease agreement and including:
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1) the right to evict a tenant who is in breach of the lease agreement;
2) the right to terminate a lease agreement for any reason, provided that proper notice is given; and
3) the right to sue a tenant for damages suffered as a result of their actions.
?n order to evict a tenant, the landlord must first notify the tenant that they are in breach of the lease agreement and provide the tenant with a period to remedy the breach (this period is usually dictated by the terms of the lease or the common law position). If the tenant does not remedy their breach within the stipulated time period, the landlord must first issue a notice that the lease agreement is being cancelled due to the tenant’s failure to remedy their breach and this notice must then specify the grounds for eviction and the date by which the tenant must vacate the property. If the tenant does not comply with the notice, the landlord can apply to the court for an eviction order.?
Eviction proceedings usually commence in the Magistrate Court but may also be brought to the High Court. Commercial eviction proceedings typically take one of two forms: an action or an application. In South Africa, commercial eviction proceedings are usually founded in civil litigation and are based on the terms and conditions of the lease agreement.?
Dirk Kotze Attorneys has a wealth of experience in dealing with commercial evictions and can offer you expert legal advice on the best course of action to take. For more information, contact us today. We would be happy to discuss your case with you and provide you with sound advice.?