LEGAL
Seeking a legal solution : the spoliation order If any of these actions lead to dispossession , i . e ., being removed from the home , depending on the circumstances tenants may bring an urgent application to court and ask for a “ spoliation order ”.
Spoliation means “ the wrongful deprivation of another ’ s right of possession ”.
If the Magistrate is satisfied that the tenant has been unlawfully dispossessed without the landlord following the necessary legal procedure , an order will be granted for possession to be reinstated .
If the landlord attempts to evict a tenant illegally , they could face a heavy fine or be required to pay damages to the tenant . In the worst-case scenario , the landlord could potentially wind up in jail , facing serious criminal charges .
Your rights as a tenant – safeguards against illegal eviction The provisions of the Rental Housing Act are clear on the rights of tenants . The tenant ’ s rights against the landlord include the right not to have :
• Their person or home searched
• Their property searched
• Their possessions seized , unless the landlord has first obtained an order of court
A written lease cancellation or eviction notice must first be served by the sheriff on the tenant . This notice has to offer the tenant a minimum of one month to vacate the property . A court date is then set and a deadline given for filing an opposing affidavit , if the tenant wants to oppose the eviction . A landlord cannot evict a tenant without going through this correct procedure .
Dealing with illegal eviction practices – a Step-by-Step guide If you are being harassed or victimised by your landlord , you are not helpless . Legal recourse is available . But you must not respond with equally unlawful behaviour . Instead , stay calm and be methodical in your approach .
1 . Document everything . Keep a record of all communication and incidents related to the eviction ,
53 MARCH 2024 Real Estate Investor Magazine