How can I evict my tenant lawfully?
You’ve discovered that the tenant renting your apartment has damaged several appliances, including the floor tiles due to irresponsible behaviour. Therefore, you have decided to terminate the lease contract and evict the tenant. Are you allowed to do that and how do you get started? Firstly, there has to be valid reasons to evict a […]
Who are occupiers in terms of the EST Act and why are they excluded from the ambit of the PIE Act?
The Prevention of Illegal Eviction and Occupation of Land Act 19 of 1998 (“PIE Act”) provides, inter alia, the procedures for the eviction of unlawful occupiers. Section 1 of the PIE Act defines an “unlawful occupier” as someone who occupies land without the express or tacit consent of the owner or person in charge or […]
When is a Tenant an Illegal Occupant?
Where the Contract of Lease is breached in any way by the tenant and he or she after receiving notice thereof has not remedied such a breach within the period agreed upon, then the landlord may cancel the contract. The tenant will be found to be an illegal occupier in this instance. Where a tenant […]