Evictions

We can assist you in ensuring that the lawful eviction process is followed when you experience serious difficulty with a tenant who refuses to vacate your property, or as a tenant, when the landlord wants to evict you.

Section 26 of the Constitution of the Republic of South Africa, Act 108 of 1996, states the following:

“Everyone has the right to adequate housing and that the state must take reasonable legislative and other measures, within its available resources, to achieve the gradual realisation of the right.”

Parliament enacted two statutes in order to implement Section 26 of the Constitution, namely:

1. Extension of Security of Tenure Act 62 of 1997 (ESTA): This act applies only to agricultural land and has protections for occupiers of land.
2. Prevention of Illegal Eviction from, and Unlawful Occupation of, Land Act 19 of 1998 (PIE): This act applies to all land throughout South Africa and to unlawful occupiers who do not have an agreement with the owner of the land or home which they are occupying.

To start the eviction process, an eviction notice must first be served properly before the landlord can begin the eviction process in court. Conradie Inc. will ensure that you understand the process in order to help you resolve your dispute in a cost efficient manner.