How To Go About Getting An Eviction

A landlord may under the correct procedure and law obtain an eviction against unlawful occupiers or tenants of his or her property as well as obtaining judgment to cover losses, damage and legal costs.

The eviction process and the legislation surrounding the process is quite complex and as such an attorney who is knowledgeable in the field of eviction should be appointed.

The Legal Stuff

Regarding residential leases in which disputes arise between landlords and their tenants, the provisions of the Prevention of Illegal Eviction Act must be followed when wanting to evict a potential occupant.

With regards to the eviction of occupiers of land who live in rural areas, on farms or on undeveloped land as well as people living on land that is encircled by a township or land within a township that is marked for agricultural purposes, the Extension of Security of Tenure Act is applicable.

The Process

To initiate the eviction process, the unlawful occupiers (be it the tenants and their family or squatters) need to be notified of the owner’s intention to have them evicted.

 

The Attorney will thereafter draft an application for eviction to have a written notice served on the occupants, stating the intention to have the occupiers evicted. Depending on whether the tenants or occupiers want to oppose the eviction or not, the time it may take as well as the costs involved would differ greatly.

In the event of an unopposed eviction the process will be relatively straight-forward and a good indication of the cost involved will be discussed with you by your attorney.

It is important to note that only the Sheriff of the Court can evict unlawful occupants. If a Landlord evicts his tenants of his own accord any means could be ordered to pay for the tenant’s legal costs and it may be possible that the Landlord may even have to provide alternative housing for the evicted tenant.

Conclusion

Should you require or be thinking about the possibility of evicting a tenant who is in arrears with their rental or to evict unlawful occupiers of your land, feel free to contact us to arrange a consultation so we may discuss the best way forward for you.