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
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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