EVICTION ORDERS
In terms of the Constitution, no person’s property may be taken away from him or her and no person may be evicted from his or her home without an eviction order from the court..
A person may be evicted from a property if they are considered an unlawful occupier. An unlawful occupier resides on the property without the necessary consent of the rightful owner.It is important for the lawful owner of the property to use the correct procedures when they want to evict a person from the property. Such procedure is provided for in the PIE Act (The Prevention of Illegal Eviction and Unlawful Occupation of Land Act).
The PIE Act prohibits the owner from taking the law into their own hands.
The main purpose for the PIE Act is to protect both the owner of the property and the occupiers. The Act does not take away any of the owner’s proprietary rights but merely prescribes the procedures to be followed before an eviction order can be granted by the court.
The owner or landlord needs to proceed in the following manner to obtain a valid and enforceable eviction order:
STEP 1: NOTICE TO REMEDY BREACH / CANCELLATION OF LEASE AGREEMENT
STEP 2: NOTICE TO TERMINATE AND VACATE.
STEP 3: COMMENCING WITH THE EVICTION PROCEEDINGS
EX PARTE APPLICATION IN TERMS OF SECTION 4(2)
STEP 4: HEARING OF MAIN APPLICATION
STEP 5: EVICTION ORDER
Contact our office today to assist you with eviction proceedings.