In order to make the eviction process less daunting, we wish to explain how evictions work in South African Law: 

1. The first step one needs to take is to property cancel the lease agreement in place between the owner of the property and the occupant thereof. This applies to both verbal and tacit agreements ( e. Lease Agreements that have not been reduced to writing). The reason that one would need to cancel the agreement is to ensure that the occupant is in illegal occupation and that whichever Court one approaches can conclude the right of occupant to occupy the premises has been terminated. You also have to give proper notice in the correct manner, otherwise the occupant may argue the lease was not legally terminated.

2. The time periods involved to vacate the property after lawful notice was given, would be 1 (one) calendar month.

3. Once the occupant of the property in question has been placed in illegal occupation thereof and the time period to vacate the property has lapsed, one can begin with the eviction process should they still be in occupation of the property.

4. An Application in this regard has two legs which consists of the main Eviction Application, which must be supplemented with an additional Ex-parte

5. We are compelled to follow due process as regulated by the Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998 or the “Pie” Act as it has become known.

6. All Notices and Court documents together with the Applications themselves are served on the occupants together with the local municipality by the Sheriff of the Court.

7. A frequently asked question is “ how long an eviction will take?”

8. This is a difficult question to answer as the time period is dependant on a number of factors, for example which Court would be appraoched and how long the Sheriff of the Court takes to serve the requisite papers.

9. When deciding which Court to approach one must take the location of the property in to account amongst other factors.

10. Should the occupant choose to oppose the Application i.e. the occupant chooses to contest the matter for whatever reason, a matter should take approximately 4 – 6 months to finalise in the Magistrate’s Court.

11. In the event that a final Eviction Order is granted by the Court, the occupant is granted a period of time in order to secure alternative accomodation. This period can be varied depending on the circumstances surrounding the matter and is totally at the Magistrate’s / Judge’s discretion. It can vary from an immediate Eviction up to and including a period of 3 months to secure alternative accomodation.

12. In the event that an occupant does not vacate the premises on the date as granted by the Court as set out in the final Eviction Order, the Sheriff of the Court is authorised to remove such occupants from the premises by force.

13. Please keep in mind that once an Eviction Order is granted we also obtain a costs Order against the occupant. This Order could allow you to recover some of the legal costs paid.

14. With regards to outstanding rental, our offices often institute an Automatic Rent Interdict Summons which prevents the occupant from removing any movable goods from the premises until such time as the action has been dealt with. This prevents the eviction from being delayed and can be instituted before or after the Eviction Order has been granted (we have a period of 3 years to claim the outstanding rental due to you).