An eviction occurs when a person is lawfully required to leave property that they occupy without the consent of the owner or person in charge. In terms of the Constitution, no one may be evicted from their home without a court order, and no one’s property may be taken away arbitrarily.
This means that even if you are the rightful owner or landlord, you may not remove someone yourself. An eviction must always follow a lawful court process.
A person becomes an unlawful occupier when:
All evictions in South Africa are regulated by the Prevention of Illegal Evictions from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act). The Act protects both owners and occupiers by prescribing a fair and structured process that must be followed before evictions may be granted.
Owners may not take the law into their own hands. Actions such as changing locks, cutting electricity or water, intimidation or harassment are unlawful — even if you own the property.
Evictions proceedings usually arise when:
Once the legal right to occupy ends, the occupier becomes unlawful and evictions proceedings may begin.
Step 1: Notice to Remedy and Lease Cancellation
If the occupier is a tenant, the lease must first be dealt with properly:
Step 2: Notice to Vacate
After cancellation, the occupier must receive written notice to vacate. This usually allows a reasonable period (often 14–30 days) to leave voluntarily.
If the occupier does not leave, eviction litigation may start.
Step 3: Evictions Application
The owner must approach the court by way of a formal application. The papers must include:
The application is issued and served personally on the occupier.
Step 4 :
The PIE Act requires a special notice under section 4(2):
Step 5: Court Hearing
At the hearing, the owner must show that evictions are just and equitable.
The court considers factors such as:
Step 6: Evictions Order and Enforcement
If evictions is granted, the court will set a date by which the occupier must vacate.
If they do not leave, a warrant of ejectment may be issued. Only the Sheriff of the Court may carry out the evictions, using lawful authority and proper documentation.
Evictions law aims to balance property rights with human dignity.
Landlord Rights
Occupier Rights
Key Legal Requirements Under the PIE Act
Barnard Attorneys Inc. assists landlords, property owners, bodies corporate and HOAs in Roodepoort and surrounding areas with:
We focus on lawful, efficient evictions that protect your rights while complying fully with constitutional and statutory requirements.
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If you are dealing with unlawful occupiers or defaulting tenants in Roodepoort, contact Barnard Attorneys Inc. early. The sooner the correct process starts, the sooner the matter can be resolved lawfully and effectively.
