LEGAL
Know your rights as a tenant Of course , ultimately the party with ownership status has more influence over the fate of the property than the party that rents it . But that does not mean a landlord can take the law into their own hands . Most landlords are honest and respectful of their tenants .
After all , it ’ s a commercial relationship that works best when all parties are satisfied with their interaction . However , it does happen that a landlord occasionally ignores legal requirements and abuses their position . If you find yourself facing an illegal eviction , what are your rights and what can you do about it ?
We ' re not landlords , we ' re people .
What constitutes illegal eviction in South Africa ?
• Tenants may only be evicted from a property by means of a court order .
• Any eviction other than one authorised by a court is illegal .
• The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 ( PIE ) contains specific regulations that govern the eviction process .
• Any action that contravenes these regulations is deemed to be an illegal eviction and the courts take this very seriously .
• But what might an illegal eviction look like ?
• What are some of the things a landlord might do that are in breach of the law ?
Common illegal evictio
All the activities below are illegal , but unf record of the incident and the date and t
1 . Lockouts Landlords may not change locks , den property to force them out . This is ille rights continue to be in force even if t
2 . Utility disconnections Cutting off essential services like wate legal channels .
3 . Verbal or threatening behaviour A landlord cannot verbally or physica for eviction .
4 . Harassment Continually disturbing or harassing illegal and tenants have the right to
51 MARCH 2024 Real Estate Investor Magazine