Evictions
As a property owner, you have the right to take legal action to have illegal occupiers removed from your land. This right is protected by the Prevention of Illegal Evictions and Unlawful Occupation of Land Act (PIE), which provides for the eviction of illegal occupiers in a manner that is fair, reasonable, and humane.
In order to exercise this right, you must first provide notice to the illegal occupiers that they must leave the property. If they do not comply with the notice, you can then approach the courts for an eviction order. The court will consider the circumstances of the case and issue an order if it is satisfied that the eviction is justified.
If you are dealing with this situation, it is important to seek the advice of a qualified attorney who can help you navigate the legal process and ensure that your rights are protected.
Our law firm has experience in handling eviction cases, and we would be happy to provide you, as a property owner or Landlord, with a consultation to discuss your situation and determine the best course of action.
In order to exercise this right, you must first provide notice to the illegal occupiers that they must leave the property. If they do not comply with the notice, you can then approach the courts for an eviction order. The court will consider the circumstances of the case and issue an order if it is satisfied that the eviction is justified.
If you are dealing with this situation, it is important to seek the advice of a qualified attorney who can help you navigate the legal process and ensure that your rights are protected.
Our law firm has experience in handling eviction cases, and we would be happy to provide you, as a property owner or Landlord, with a consultation to discuss your situation and determine the best course of action.
FAQ's
How long does the process take?
The length of the eviction process can vary depending on factors such as whether it’s unopposed or opposed and the type of court involved, Here are the estimate timeframes:
- Unopposed High Court: 1-4 months;
- Opposed High Court: 3-6 months;
- Unopposed Magistrate’s Court: 3-8 months;
- Opposed Magistrate’s Court: 5-11 months.
*Please note that these are general estimates, and the actual duration may vary based on individual circumstances and the court’s workload.
Can I claim for damages and the arrear rental as well?
Yes, it is possible to claim for damages and arrear rental by issuing a separate legal documents known as a Rental Interdict Summons. This summons is issued independently from the Eviction Application and allows the property owner or landlord to seek compensation for owed amounts. The eviction application focuses on removing illegal occupiers, while the Rental Interdict Summons addresses the recovery of financial obligations.
Can I change the locks without having to go to court for an eviction order?
No, it is not permissible to change the locks without first obtaining the eviction order and having the illegal occupiers evicted. Doing so can lead to legal complications, including potential claims such as Mandament van Spolie, which places a further burden on the property owner or landlord. It is essential to follow proper legal procedures and obtain an eviction order through the court to lawfully remove occupants.
Can I cut off the tenants water & electricity?
No, it is not permissible to cut off a tenant’s water and electricity. Even if the tenants fail to pay for their municipal services, as the property owner or landlord, you will still be responsible for settling those accounts. If you fail to make the necessary payments and the services are disconnected, the occupants can pursue legal action, such as obtaining an interdict, to ensure they have access to water and electricity. It is therefore advisable to bring an eviction application urgently to address the situation and prevent further damages. Additionally, a Rent Interdict Summons can be issued to claim damages suffered as a result.
What are the reasons for needing an eviction order?
There are 7 reasons:
- Breach of lease agreements by the tenants;
- Refusal to vacate the property after the lease has expired;
- Rental arrears, where the tenants have failed to make timely rental payments;
- Engaging in illegal activities within the property;
- Violation of the terms and conditions specified in the lease agreement;
- Health and safety issues;
- Damage caused to property.