What are valid reasons to oppose your eviction?

As a tenant in South Africa, it's crucial to be aware of your rights and the valid reasons for opposing eviction. By challenging unlawful evictions and holding landlords accountable for their actions, you can help ensure that your rights are protected. 

As a tenant in South Africa, you have certain rights that protect you from unfair eviction by landlords. Even so, many landlords still try to evict tenants unlawfully, either by ignoring the legal requirements or by using other means. To ensure that your rights are protected, it's important to know your rights as well as the valid reasons for opposing eviction.

Here are some valid reasons that you can use to oppose eviction:

  1. Failure to Follow Proper Eviction Procedures — this means that landlords must follow proper legal procedures when evicting tenants. 
  • These procedures include giving proper notice, obtaining a court order, and not using force or intimidation.
  • If a landlord fails to follow these procedures, the eviction can be deemed unlawful, and you can challenge it in court.
  1. Discrimination - landlords cannot evict tenants based on their race, gender, religion, sexual orientation, or other discriminatory grounds.
  • If you suspect that discrimination is the reason for the eviction, you can challenge it in court.
  1. Retaliation — it is unlawful for landlords to evict tenants in retaliation for asserting their legal rights or complaining about poor living conditions.
  • This is known as retaliatory eviction, and it is illegal in South Africa.
  • If you believe that the eviction is in retaliation for your actions, you can challenge it in court.
  1. No Lease Agreement Violations — if you have not violated the lease agreement but your landlord is still trying to evict you. 
  • However, the eviction must still follow proper legal procedures.
  • If the landlord has not followed the proper procedures, you can challenge the eviction in court.
  1. Uninhabitable Living Conditions — if the living conditions of the rental property are uninhabitable. 
  • Properties may be deemed uninhabitable due to issues such as pests, lack of water or electricity, or structural problems; you may be able to challenge the eviction in court.
  • In such cases, you may also be able to claim damages from the landlord.

If you believe that your eviction is unfair or unlawful, don't hesitate to take action and seek legal assistance. Remember, you have the right to challenge an eviction that is not carried out in accordance with the law.

April 12, 2023
Jono Bosman

I am a UX researcher at OpenUp. My role is to ensure that projects research documentation is up-to-date, and that information is being collected, analysed and relayed back to the team for the informed decisions to be made.

Jono Bosman
Jono Bosman
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