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evictions

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act regulates evictions of unlawful occupiers from property in a fair and just manner, while providing property owners the right to apply for an eviction order.

Whether you are being unlawfully evicted or are seeking an eviction order against an unlawful occupier, there are many pitfalls if you do not have proper knowledge of the law. One wrong step can result in wasted time and costs and can cause injustice where justice could easily have prevailed if you had legal representation.

We have successfully procured and defended numerous evictions over the years, achieving a just, reasonable and fair result for our clients.
Our eviction services include: -
Applying for an eviction order in the Magistrate’s Court and High Court.
Opposing eviction applications in the Magistrate’s Court and High Court.
Residential, commercial and agricultural property eviction applications.
FREQUENTLY ASKED QUESTIONS
Can I apply to court for an eviction order if I am not the owner of the property?
Yes, a person in charge of land who is not the owner may apply to court for an eviction order. Examples are lessees or an agent of the owner.
Can an eviction order be granted without myself receiving notice thereof?
No, the sheriff must serve the eviction application on you at least fourteen days prior to the eviction application being heard.
Can the landlord evict me prior to expiry or cancellation of our lease agreement?
No, a landlord can only evict an unlawful occupier and not someone who has a legal right to occupy the property.
What are damages for ‘holding over’?
If a lease agreement has expired or been lawfully cancelled and the occupier remains in occupation of the property pending the eviction application, the owner or person in charge can claim damages for holding over equal to the reasonable rent.
Must all persons at the property be cited as respondents in an eviction application?
No, in certain circumstances the eviction application can be brought against one person and merely state that all other persons residing through him are included in the proceedings.