Assess the matter and the right to act
We confirm ownership and authority, how occupation began, who lives at the property, the agreement, arrears or other breach, and what has already happened.
Residential Evictions
Our attorneys handle each legal stage of the eviction process, keeping owners, landlords, and managing agents informed throughout.
A lawful sequence
The eviction process, made understandable.
When rent is unpaid, a lease has ended or another serious breach continues, the correct route depends on the agreement, the facts and the law. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) governs the court process when a person remains in a home without a legal right to do so.
Establish the lawful termination route
We assess the lease, payment history, and applicable law to determine how the right to occupy must be lawfully ended and whether PIE applies.
Choose the right strategy
We consider whether settlement is appropriate, which court process should be followed, and how any claim for unpaid rent should be pursued.
Issue and serve the court process
We institute the case, then arrange the court-authorised PIE hearing notice for the occupier and municipality at least 14 days before the hearing.
Obtain the order and recover possession
The court decides whether eviction is just and equitable and sets the relevant dates. If the final eviction order is not followed, only the sheriff may enforce it.
Common questions
What landlords and property professionals often need to clarify
Can locks be changed or services disconnected?
Do not assume self-help is lawful. A person may not be removed or deprived of occupation without the authority and process required by law.
Can a managing agent or property manager give instructions?
The authority to act must be clear. The firm may need the owner's mandate, a company or trustee resolution, a power of attorney or another record of authority, depending on the matter.
What if a complaint has been lodged with the Rental Housing Tribunal?
A Tribunal complaint can affect when and how an eviction may proceed. Its subject and status must be checked before further action is taken. In certain circumstances, the law temporarily prevents an eviction from proceeding, but the Tribunal does not replace the court process and a court order is still required.
Can arrears recovery and eviction be handled as one step?
No. Recovering unpaid rent and obtaining an eviction order are separate legal processes, but they may be pursued at the same time where appropriate.
How long can an eviction take?
There is no reliable fixed duration. Opposition, settlement discussions, postponements, and court availability are just some of the factors that can affect timing.
Is an eviction order guaranteed?
An eviction order cannot be guaranteed. However, if the right to occupy has been lawfully ended, the required process has been followed and no valid defence is raised, the court must grant an eviction order and set a fair date for the occupier to leave.
Let us assist you with your eviction matter.
For more information or to book a consultation, please contact Archer Attorneys.
Contact Archer Attorneys Inc.