Landlord or Tenant issues?
It is important for Landlords and Tenants to know and understand the correct eviction process when evicting unlawful occupants and what the rights of each party are. Strict measures as stipulated in the Prevention of Illegal Evictions from, and Unlawful Occupation of Land Act (hereinafter referred to as the “PIE Act”) need to be followed in order for an eviction to be lawful. Non-compliance with the measures set out in the PIE Act may result in unnecessary delays and hefty costs.
We assist both Landlords and Tenants in either effecting an eviction or opposing one. We ensure that we comply with statutory prescripts such as the Constitution, Extension of Security of Tenure Act, and the PIE Act whilst fulfilling your mandate.
Eviction Procedure
- In order to initiate the eviction procedure, the Landlord must first serve a notice to the Tenant to rectify a breach in terms of the lease agreement.
- If the breach is not rectified, the Landlord can cancel the existing lease by giving written notice to the Tenant and affording the Tenant reasonable time to vacate the property.
- The Landlord may then make a court application to vacate the Tenant if the Tenant fails or refuses to vacate the property despite proper notice being given.
- The Sheriff will be instructed by or on behalf of the Landlord, to serve the eviction application on the Tenant as well as on the Municipality situated in the area of the property at least 14 business days before the eviction hearing.
- During the eviction hearing, the Presiding Officer will determine whether the occupation is indeed unlawful, and whether the eviction order will be just and equitable in the circumstances.
- If there is no valid defence by the Tenant, a “warrant of eviction” is issued to the Sheriff giving authorisation for the Sheriff to remove the Tenant and the Tenant’s possessions from the premises.