In the context of evictions in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the “PIE Act”), a private property owner is under no obligation to provide a tenant with alternative accommodation in order to evict the tenant. In a long list of cases Read more
Fortunately, this is a simple matter of contacting the Legal Practice Council and verifying if the person you are dealing with is an attorney. Also, you can search for the attorney on the website of the Legal Practice Council by following this link: https://lpc.org.za/members-of-the-public/list-of-legal-practitioners/
Section 8(1) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act specifically makes it a criminal offence to evict someone without a court order granted by a competent court. In fact section 8(1) of the PIE Act reads as follows: No person may evict an unlawful Read more
In our law, a person cannot be evicted without an eviction court order. Sadly, a simple ‘eviction letter’ does not have the same effect as an eviction court order. In order to get an eviction court order in terms of the PIE Act, the following process will need to be Read more
Most landlords ask us the above question, and it can be difficult to decide when is the right time to evict a tenant. Most often, this can be answered with reference to the rental arrears or the difficulty that the tenant presents. We normally advise our clients that they should Read more
This depends on whether the lease is a fixed-term lease or a periodic lease. In brief, a fixed-term lease agreement is a lease agreement in which the term of the lease is fixed (Eg: June to December) and a periodic lease agreement is one that runs from month-to-month (sometimes it Read more
In short, a Rent Interdict Summons is a special type of Summons used in the Magistrates Court to sue for arrear rent, utilities and other damages associated with a tenant living on the property. The benefits of a Rent Interdict Summons include: The above should not be accepted as legal Read more