Launching a residential eviction is a big step.
It is so important to know where to start and what to do.
Now you can, guided by SA’s Top Rental Property Attorney, at no charge.
HOW DOES EVICTIONDOC WORK
Simply fill out our online questionnaire and submit it.
We’ll review your information and provide you with our preliminary recommendations, free of charge. We’ll let you know if you need to demand the rental, cancel the lease, if the situation is ready for an eviction to be initiated, potential costs and procedures, and any other feedback based on the details you provide — all at no cost.
From there, it’s up to you to decide on the way forward.
SA’s Top Rental Property Law Firm and recipient of 60 international awards.
FAQS
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 or (PIE).
The purpose of PIE is to protect both occupiers and landowners. It prohibits illegal eviction on the one hand and spells out
procedures for eviction of unlawful occupiers on the other.
No, the PIE Act provides specific procedures that must be followed for lawful evictions and these may vary depending on the circumstances of each case.
An ‘unlawful occupier’ is someone who occupies land without the express or tacit consent of the owner or person in charge.
Land that has buildings or structures used for dwelling purposes is considered for residential purposes under the PIE Act.
The court considers the rights and needs of the occupiers, especially the elderly, children, disabled persons, and households headed by women, to determine what is just and equitable for eviction orders.
Duration of occupancy does not necessarily affect the eviction process; however, the court will take additional circumstances into consideration if it is beyond the 6 month period.
An unopposed application is when the respondent (tenant) does not oppose the eviction application filed by the applicant (landlord).
An opposed application is when the tenant disputes the eviction and provides a defence against the landlord’s application.
To avoid unlawful eviction, follow the procedures set out by the PIE Act, which include serving proper notice and obtaining a court order.
Perform thorough background checks, set clear lease terms, and consider using alternative dispute resolution mechanisms to address issues before they escalate.
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CONTACT DETAILS
Phone: +27 21 425 7069
Location: 1st Floor, The Reserve
130 Adderley Street
Cape Town, 8001
South Africa
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