FINANCE
5 Key Steps to eviction
The Prevention of Illegal Eviction and Unlawful Occupation of Land Act No . 19 of 1998 ( PIE Act ) outlines the proper procedures for evicting illegal occupants as follows :
Step 1 Letter to inform tenant of breach . When a tenant violates the terms of the lease agreement , the landlord ' s initial step should be to send a formal letter to inform the tenant of the breach . The letter should include a specific timeframe , typically set at 20 business days , for the tenant to rectify the breach . “ If the tenant fails to address the breach during this period , the landlord has the legal basis to terminate the lease agreement and proceed with the eviction process ,” says Smee .
Step 2 If tenant does not vacate , issue an eviction order from the court . If the tenant does not vacate the property upon lease termination , the landlord must inform the tenant of their intention to seek an eviction order through the court . Following this notification , the landlord can initiate the eviction process by filing an application at the Magistrate ’ s Court that holds jurisdiction over the property .
Step 3 Notice of eviction hearing notice 14 days before court date A written notice of the eviction hearing must be personally delivered to the unlawful occupier ( s ) of the property , by the sheriff at least 14 days before the court date . The notice must clearly specify the date and time of the hearing , detail the reasons for the eviction , and acknowledge the unlawful occupier ' s right to present a defence .
Step 4 All parties must attend eviction hearing in court All parties are required to attend the eviction hearing in court . If the unlawful occupier ( s ) does not appear , the court may either postpone the hearing
55 OCT / NOV 2023 Real Estate Investor Magazine