Giving a notice to vacate is a common practice by property owners to terminate lease agreements. But receiving a notice to vacate alone without a valid court order, does not mean you are evicted. More details on this and 9 other highly important rights to know as a tenant can be found in our "10 Golden Rules to Avoid Unlawful Eviction".
Lease agreements usually provide for notice periods, prior to cancelling of the lease. The notice period given by your landlord can not be shorter than the one provided in the lease agreement. It normally ranges from 20 to 30 days. At times the lease agreement may provide for longer periods of more than 30 days.
In a recent Western Cape High Court case of Luanga v Perthpark Properties Ltd 2019 (3) SA 214 (WCC), it was ruled that Section 5(5) of the CPA requires that the notice period runs from the first day of the month and terminates on the last day of that month, even if the notice is given during the previous month.
If you are convinced that the notice to vacate is unfair, you should point this out to your landlord or make a complaint at the Rental Housing Tribunal.
Not paying your rent, intentionally causing serious damage to the property, using illegal substances on the property or using the property for non-residential purposes all constitute a “material breach.”
The law does not support your eviction into homelessness. The court may ensure that, even though you are evicted, you are not thrown into the street by granting an order, after considering all relevant circumstances. This is why it is important to attend all court proceedings so that the court will hear your side of the story.
When eviction is unavoidable, the first step would be to look for alternative accommodation. If you don’t prepare for your eviction you might find yourself and your belongings on the street.
If resolving the issue fails, you may negotiate a suitable timeline to move out. You may further seek legal advice from a housing assembly or other support and advice groups in your area, and await the delivery of a Notice of Motion by the sheriff.
