Let Them Eat Pie

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 governs the evictions of unlawful occupiers from residential properties. It is twofold in that it ensures that unlawful occupiers receive certain procedural and substantive protection and it confirms the rights of property owners to obtain Court Orders to remove unlawful occupiers.

Our Courts have a duty to ensure that they make a just and equitable decision having had regard for the circumstances surrounding the case. Special consideration is given to the elderly, children, disabled persons and households headed by women. An eviction in terms of the PIE Act can be secured through an application made in the Magistrate’s Court or any division of the High Court. This type of application is only applicable to properties which are utilised for dwelling purposes.

A successful eviction is possible provided that the correct procedural steps are taken. It is very important to consult with an experienced professional who can provide the necessary guidance from cancellation of a lease agreement to obtaining an eviction Order.

Difford Underwood Inc. now has a civil litigation branch which can help you manage difficult tenants and ensure that you are compliant with the law. Contact our offices today for further information on the eviction process.