Introduction

In South Africa, a landlord or property owner cannot simply remove someone from a property on their own. The Constitution says that no one may be evicted from their home without a court order, and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act) sets out the legal process that must be followed. This means that even if a person no longer has the right to remain, the owner must still follow the proper legal steps.

These legal protections are important, but delays in eviction matters can create real problems for property owners. The longer the process takes, the longer the owner may go without rent, incur property costs, and be unable to use it or let it to someone else.

Who can be evicted from a property?

Not every person living on a property can be evicted under the PIE Act. The Act applies only to an unlawful occupier. In simple terms, this is a person who is staying on the property without the owner’s permission and with no legal right to do so. So the real question is not just whether the person is on the property, but whether they still have a lawful reason to remain. Before granting an eviction order, a court must be satisfied that the person is, in fact, an unlawful occupier.

A person may have moved in lawfully at first, but later lose the right to stay. For example, a lease may end and not be renewed, a lease may be cancelled due to a breach, or the owner may withdraw consent to the tenant’s stay. Once the person no longer has permission or another legal right to remain, they may be treated as an unlawful occupier, and the owner may then seek an eviction order from the court.

When should a property owner take action?

A property owner should act as soon as it is clear that the occupier no longer has the right to remain and has not yet left the property. Waiting usually makes matters worse. The owner may continue to lose rent, remain responsible for rates, services, and bond payments, and miss the chance to use, sell, or rent out the property. Acting early also makes it easier to prove the facts and place the right documents before the court.

Delay can also affect how the court looks at the case under the PIE Act. If a person has been living on the property for a long time, the court may have to look more closely at issues such as children, elderly persons, or whether there is somewhere else for the occupier to go. For that reason, once the right to stay has ended, it is usually wise for the owner to get legal advice and start the process without unnecessary delay.

Conclusion

Eviction cases are about balancing the rights of people living in a home with the rights of the property owner. For owners, the safest approach is to act lawfully and without delay once a person no longer has the right to stay. Waiting too long can increase costs and make the case more difficult.

Janet Mc Intosh| SchoemanLaw Inc
Attorney