Eviction

Eviction

The civil process by which a landlord may legally remove a tenant from their leased property is called eviction. When a tenant fails to pay rent, the rental agreement’s (even if only oral) provisions are violated, or other legal grounds exist, the tenant may be evicted. According to the Constitution, no one’s property can be taken away from them, and no one can be evicted from their house without a court order. The Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”) specifies the method needed for the eviction process. When a landlord wants to evict someone who is occupying his or her property for the purpose of dwelling, he or she must follow a specified procedure.

Have you been illegally evicted?

The law protects everyone from evictions that are not legal. Unlawful evictions are prohibited by the PIE Act, making it a crime for anyone to evict someone illegally. Anyone found guilty of wrongfully evicting someone faces a fine or a sentence of up to two years in prison. No one may be dispossessed of property except under general law, and no one may be evicted from their home or have their home demolished without a court ruling. According to Sections 25 and 26 of the Constitution, no law may legalise arbitrary evictions.

One must also take cognisance of the Rental and Housing Tribunal if increases are unreasonable.

How to start eviction proceedings

A residential renter must be an unlawful occupier to start eviction proceedings. For a tenant to be considered an unlawful occupier, a lease agreement between the tenant and the owner must have been terminated or lapsed and/or the tenant is in breach due to non-payment of rentals due and the tenant continues to occupy the premises despite the termination of the agreement, which occupation is also done without the consent of the owner and/or landlord.

In most cases, a lease agreement between a tenant and an owner contains a breach clause, which requires notices to be sent to a tenant at a specified address if the tenant breaches the agreement in some way or defaults on his rent. Such notices would give the tenant a reasonable time to remedy the default or breach. As short term fixed contract leases are subject to the Consumer Protection Act, cognisance of its provisions is required.