Just Property Magazine Volume 7 | Page 42

Just Legal Illegal property evictions What are your rights as a private property owner? E victions affect landlords in addition to tenants, and there are many consequences for both parties. Landlords seeking to have illegal occupiers evicted need to deal with all the necessary requirements imposed by statute, and case law. On the other hand, occupants that are at risk of being evicted need to know their rights. Opposed versus unopposed eviction The term ‘opposed eviction’ refers to when an occupier resists the eviction by instituting counter legal measures. ‘Unopposed eviction’ by contrast is where the occupier does not resist the eviction process, but allows it to take its course. Legislation Section 26 of the Constitution of the Republic of South Africa entrenches the right to adequate housing, and stipulates that no one may be evicted arbitrarily. This is a move away from forced evictions 40 Issue 7 2015 of the apartheid era and the skewing of power towards landlords that was the norm. However, the Prevention of Illegal Eviction and Unlawful Occupation of Land Act - 19 of 1998 (PIE) requires certain criteria to be met before an eviction order can be granted.This Act is designed to prevent arbitrary evictions, and works in tandem with Section 26. “PIE is not only applicable to the state, but applies to private owners too.” PIE is not only applicable to the state, but applies to private owners too. It also applies to illegal squatters, but case law has extended the rights afforded to illegal squatters to illegal occupiers on Just Property Magazine