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 followed:
Step One
The right to occupy the property must be terminated and so we would send a letter of demand to the tenant demanding all arrear rent and compliance with the lease agreement. Should the tenant fail to comply with the demands in the letter of demand a termination letter is sent to the tenant (sometimes people call this letter the ‘eviction letter’.
Step Two
We draft the eviction court papers and have these papers delivered by the Sheriff of the Court. These eviction court papers explain to the tenant why they are being evicted and also provide other information needed by the court to reach its decision.
Step Three
We have the court consider what has happened so far in the eviction process and then the court authorises a special notice warning the tenant of the date on which the court will consider the eviction.
Step Four
We approach the court to have the eviction court order granted and the court considers all relevant factors such as: the reason for terminating the right of occupation; the process followed so far; whether the tenant has a legal defence to the eviction; the harm caused to the landlord; and; whether or not the is alternative accommodation for the tenant (you do not need to provide this accommodation). In this step, the court usually grants the eviction court order and indicates when the eviction can take place.
Step Five
A warrant of ejectment (or writ of ejectment) is obtained and given to the Sheriff of the Court to evict the tenant from the property.
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