An eviction occurs when a person is legally forced to leave the property that they are occupying. The Constitution states that no person’s property may be taken away from him/her, and no person may be evicted from his/her home, if a court order has not been granted.
A person may be evicted from a property if he/she is considered to be an unlawful occupier. An ‘‘unlawful occupier’’ means a person who occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land,
It is important that the correct procedures are followed to evict a person. The landlord must follow the procedure provided in the PIE Act (The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act), rather than taking the law into his/her own hands.
Our team will assist with drafting applications for eviction of defaulting tenants as well as appearing in court to move the application on your behalf.