Eviction Proceedings & Litigation
(Lessor & Lesees)

Each and every Legal Practitioner can conduct an eviction, however, the applicable question here is, can each and every Legal Practitioner successfully finalize a Eviction. Evictions are at best a specialized field and area of the law, due to the different processes and manners in which same is to launched in terms of the applicable legislation as well as case law.

This firm can stress that it is one of the areas of expertise in which many success has been achieved.

Evictions may take different forms in terms of the types of Evictions which exist in the South African Law. These type differ in nature, procedure as depending on the type of Occupier which a Landlord or Landowner may have.

There are 3 (three) different types of Evictions, namely:

1. PREVENTION OF ILLEGAL EVICTIONS AND UNLAWFUL OCCUPATION OF LAND ACT 19 OF 1998 (PIE EVICTIONS);
2. EXTENTION OF SECURITY OF TENURE ACT 62 OF 1997 (ESTA EVICTIONS); and
3. COMMON LAW EVICTIONS (REI VINDICATIO).

PIE EVICTIONS (PREVENTION OF ILLEGAL EVICTIONS AND UNLAWFUL OCCUPATION OF LAND ACT 19  OF 1998 )

A PIE Eviction is usually applicable in the situation where a Lessor and Lessee situation is present and where a Lessee is in breach of its obligations. In addition PIE Evictions are solely present in the event where the Land is zoned as Residential Dwellings. There are different types of requirements which are to be met; however, this is usually applicable in the situation where private persons enter into agreements and such agreements are for the lease of residence in the form of Houses, Apartments and Residential Dwellings.

Prior to Eviction Proceedings:

In the event where your tenant(s) are in breach of their Lease Agreement (i.e., not paying their rent), alternatively unlawful occupiers are located and / or occupying your registered property, you are required to seek advice and give due notice of the breach of the Agreement in order to cancel a lease agreement in a lawful and proper manner. The latter is of imperative importance and our team shall assist you in cancelling your agreement with your tenant and launching an Eviction Application should one be required.

Important documents:

• Notice of Breach
• Notice of Cancellation of the Agreement
• The Main Eviction Application: This Application sets out the circumstances of the Application for the Court to consider.
• The Section 4(2) Application (Ex Parte Application) which is an application for the authorisation of the Notice of Eviction Proceedings and Service Directives to be authorised by a Competent Court.

ESTA EVICTIONS (EXTENTION OF SECURITY OF TENURE ACT 62 OF 1997 )

ESTA EVICTIONS are applicable in the event where:

1. Consent was present, allowing an occupier to reside; however, the consent is cancelled in terms of Section 8 of ESTA as certain requirements are met and where the occupiers transgress reasonable and fair conditions of residency;
2. Where the land in question is zoned as Agricultural Land; and
3. Where the occupier receives a salary less than the amount determined by the Minister from time to time, currently an amount of R 13 625.00 (THIRTEEN THOUSAND SIX HUNDRED AND TWENTY-FIVE RAND) as from 23 February 2018.

Important Documents:

• Notice of Intention to Terminate Residency
• Notice of Termination of Residency
• The Forms as Prescribed in terms of the Esta Regulations (Transgression of Reasonable and Fair Conditions of Residency, Trespassing Animals, Notice to Municipality etc.).

COMMON LAW EVICTIONS:

These evictions are applicable in situations where commercial property is being leased and such lease agreements are validly cancelled and the occupiers refuse to vacate the premises.  The eviction is then launched in terms of the Rei Vindicatio principles.

Important Documents:

Notice of Breach

Notice of Cancellation

Notice of Application for eviction together with the Supporting  Affidavit and relevant documents.

Our team can assist in any of these proceedings.