What is Eviction?
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions, it may also involve the removal of persons from premises that were foreclosed by a mortgagee.
How much does an eviction order cost in South Africa?
An unopposed eviction will cost you, as owner, at least R10 000.00 to R 15 000.00 and an opposed application more than R50 000.
How do I get a court order for an eviction in South Africa?
a) The lawful owner of the property or the person in charge of the land approaches the court for an eviction order against an unlawful occupier; b) At least 14 days before the hearing of the proceedings, the court must serve written and effective notice of the proceedings on the unlawful occupier and the municipality
How long does an eviction order take in South Africa?
The court order typically gives you 14-days notice before you have to leave your home. This means your landlord cannot simply throw you out on the same day they serve you with a flat eviction notice. It’s also illegal to evict you without a sheriff present on the day of enforcement of the eviction court order
Where do I go to get an eviction order?
An urgent eviction application, like a normal eviction application, can be brought in both the High Court and the Magistrate’s Court. The Constitutional Court has upheld the constitutionality of urgent evictions but has cautioned against the abuse of tenants.
3. What is the procedure that must be used to evict a person?
It is important for a landlord to use the procedure provided for in the PIE Act, rather than taking the law into his/her own hands, for example, cutting the electricity and water supply to the property or intimidating the unlawful occupier, in the hope that s/he will vacate the property. Please obtain legal advice when dealing with an eviction.
Step 1: the landlord must 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.
Step 2: if the occupier remains on the property, despite due notice given to him/her, the landlord may approach the court to start with the eviction procedure (in the High Court or Magistrate’s Court situated in the area of the occupied property). The court will provide the landlord with the date and time that it will hear the eviction application.
Step 3: written notice of the eviction hearing must be personally served on the unlawful occupier/s of the property, as well as on the municipality situated in the area of the occupied property. This notice must be served by the sheriff at least 14 business days before the eviction hearing in court. The notice must indicate the date and time of the eviction hearing, the circumstances surrounding the eviction, and the unlawful occupier’s right to defend him/herself.
Step 4: both the landlord and unlawful occupier/s must be present at the court on the day of the eviction hearing. If the unlawful occupier/s fails to be present at the eviction hearing, the court may postpone the hearing or proceed with it in his/her absence. This may lead to the court granting an eviction order.
4. What is an unlawful occupier’s rights during an eviction?
S/he has the right to receive timeous notice of the eviction hearing (14 business days’ notice before the court date).
S/he is entitled to appear before court and oppose the eviction with or without his/her legal practitioner (such as an attorney), s/he also has the right to apply for legal aid if they cannot afford to pay for a legal practitioner.
5. What will the court consider before granting an eviction order?
The court will consider whether the occupier is in fact an unlawful occupier and whether the landlord has followed the procedure provided for in the PIE Act.
If the unlawful occupier has been in occupation of the property for LESS than six months, the court will also consider the following:
all relevant circumstances, including the rights of the elderly, children, disabled persons and households headed by women; and
whether it will be just and equitable to grant an eviction order.
If the unlawful occupier has been in occupation of the property for MORE than six months, the court will also consider the following:
all relevant circumstances including, the rights of the elderly, children, disabled persons and households headed by women;
whether alternative accommodation has been made available or can reasonably be made available by a municipality, organ of state or an owner of property, for the relocation of the unlawful occupier; and
whether it will be just and equitable to grant an eviction order.
After considering the above and if the unlawful occupier/s has no valid defense, an eviction order may be granted by the court and will specify:
the date on which the unlawful occupier/s must vacate the property;
the date on which the sheriff must evict the unlawful occupier/s from the property, if s/he has not yet vacated the property on the date determined by court.
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