At STBB, our expert litigators have extensive experience handling eviction and other property-related disputes.
At the outset, however, many of our clients are unaware that the residential eviction process is complicated by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (‘the PIE Act’).
Designed to give effect to section 26(3) of the Constitution, which provides that ‘[n]o one may be evicted from their home…without an order of court’, the PIE Act expressly prohibits unlawful eviction.
Crucially, this unique piece of legislation attempts to balance the rights of property owners and unlawful occupants to ensure that residential evictions are conducted fairly – and with due consideration for all parties involved.
Accordingly, the PIE Act sets out specific court procedures that landlords of residential properties must follow to legally evict unlawful occupiers. In essence, the eviction application itself is a two-step process. Once the main application is drafted and issued by the court, it is served on the unlawful occupier(s) and the local authority. Following this, the owner’s attorney will prepare an ex parte application, requesting the court to authorise the service of a further notice to be served on the same parties.
For certainty, an ‘unlawful occupier’ includes a non-paying tenant who has failed to vacate the property following a valid cancellation of a lease agreement.
Importantly, the court will only grant an eviction order if it is ‘just and equitable to do so’, having regard to all relevant circumstances and factors. Under the PIE Act, the court is also required to give special consideration to vulnerable persons, including the elderly, women-headed households, children, and the disabled.
It is imperative to note that failure to comply with the PIE Act’s processes is a criminal offence, punishable by a fine, maximum imprisonment of two years, or both.
For a comprehensive overview of the full residential eviction process, consult our helpful guideline here.
Do you have a tenant problem? Let us handle all of the legal intricacies for you.
For expert legal guidance, contact our eviction specialists at litigation@stbb.co.za.
