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Evictions |
We offer a wide range of specialised services to:
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What is an eviction? |
Eviction means to deprive a person of occupation of a building or structure, or the land on which such building or structure is constructed, against his or her will.
The Constitution provides that no person may be evicted without a court order. This means that an owner or a person in charge of property must apply to court before evicting a person.
The procedures provided for either in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”) or the Extension of Security of Tenure Act (“ESTA Act”) must be followed when an owner or a person in charge of property wants to evict a person.
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When may a person be evicted from the residential property he/she is staying on? |
A person may be evicted from a residential property if he/she is considered to be an unlawful occupier and provided that a court deems it just and equitable to grant the eviction order.
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Who will be regarded as an unlawful occupier of residential property? |
An unlawful occupier is when a person:
When a landlord duly cancels or withdraws his/her consent previously given to an occupier to stay on his/her residential property, the occupier will then be considered unlawful.
4.
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What procedure must be followed to evict someone from a residential property? |
The owner or person in charge must duly cancel or withdraw any right or consent given to the occupier before commencing with the eviction. The landlord must notify the occupier of such cancellation or withdrawal in writing and give the occupier reasonable time to vacate the property. If the occupier remains in occupation of the property, despite due notice given to him/her, the landlord may approach the court to start with the eviction procedure. It is advisable that attorneys be appointed at this juncture, to assist you in litigation.
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What is an unlawful occupier’s rights during an eviction? |
The unlawful occupier has the right to receive timeous notice of the eviction application; is entitled to appear before court and oppose the application with/or without his/her attorney; and also has the right to legal representation.
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What information is necessary before a notice of termination / eviction application can be drafted? |
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What documentation is necessary before a notice of termination / eviction application can be drafted? |