You must leave my property within 30 days, else legal action will be taken. You can usually evict a month-to-month tenant at any time and for any reason as long as you follow the proper process. Photo: Marecia Damons Should this have been a White family trying to evict a Black man, the … Commence the eviction notice africa, the high court eviction letter has the sheriff. South Africa Law. PIE applies to all land throughout South Africa. Basically, the lessor has to obtain a court order to evict an unlawful occupier. Further reading. It explains which procedures must be followed to evict people lawfully. At one extreme, it is purely a business relationship between a commercial landlord and a group of anonymous tenants, brokered by a property agent, for example in a block of … By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. It’s not every day you hear of a black family trying to evict a white tenant from a R10 million property, but this is the new South Africa. Eviction notice to a family member. It is advisable to always have a written lease in place, which is signed between yourself (the landlord) and the tenant. Disclaimer. Section 26 of the Constitution states that You have the right to have access to adequate housing. Get your South African law questions answered by Experts. What you should know about house evictions in South Africa Good habits to help you get out of bad debt Next article Great gift idea for Mother’s Day – starting at only R35 Previous article To evict a tenant without a rental agreement, start by searching online for the eviction laws in your state or country so you don’t break the law. For example, in Maine, you’ll need to provide the tenant with a “Notice to quit” in writing and give them 30 days to vacate the premises. Unlawful occupiers do have rights, according to PIE and the Constitution. Dear Tim, As you know, I am going through a rough financial period owing to slow business in the past few months. Executor Authority An executor does not necessarily have the authority to evict someone from the decedent's property. I have decided to end the tenancy at the suite and move back to my country house which you are currently renting. Eviction process in South Africa explained. In South African Law, the eviction of a residential tenant is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No. Cape Town - A black family who bought a R10 million mansion in upmarket Hout Bay is struggling to evict a white tenant who has been residing on the … The Department of Public Works and Infrastructure has gone to court for an eviction order to remove the group of Khoisan, who have been protesting outside of the Union Buildings for nearly two years. Simon Dippenaar & Associates Inc. is a law firm in Cape Town, Johannesburg and Durban, with specialised eviction attorneys assisting landlords and tenants with the eviction process, across South Africa. Evicting Adult Children Who Live With You . After applying, the court would issue an eviction notice South Africa through the court sheriff to the tenant and the municipality who is in charge of the area. The Constitution grants all South Africans human rights that must be respected, protected, promoted and fulfi lled. However a pre-eviction warning should be given. But the most common reason for wanting to evict a tenant is due to late or no payment of rent money. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into … I am unable to afford the suite I have been renting downtown. However tempting it may be to "do it yourself", eviction is a legal process and it requires an eviction attorney. It is a complicated set of processes, best left to an eviction lawyer to help you with. Letter of Eviction to Roommate Sample. Connect one-on-one with {0} who will answer your question. I hereby serve notice of eviction. WATCH: Family in court battle to evict tenant from R10m Hout Bay mansion iol.co.za - Marvin Charles. But it can be an expensive, protracted process. The general process can be found in the Prevention of Illegal Evictions Act. While you may wish to avoid eviction costs, delay in consulting an eviction lawyer can be a false economy. Le Roux Attorneys Inc. is a Cape Town based law firm specializing in residential, corporate and farm evictions. An eviction notice would suffice. This is very important. While executor authority may be broad, it does not necessarily allow him to evict a beneficiary from property. If your adult child is refusing to fly the family nest, then it may be possible to evict them. Thereare a number of laws within South Africa that govern rental agreements, including the Rental Housing Act (Act 50 of 1999), Law of Contract, common law, Consumer Protection Act … As the rent arrears pile up, you are losing money that may never be recovered. The Western Cape High Court has set aside an eviction order against a group of families occupying units at a social housing complex in Thornton. Eviction process – how, when and why? in South Africa. Emilia Vollmer and her 11 family members say they are at their wits’ end after spending R200 000 in legal fees trying to remove Adrian Mitchell from their Hout Bay mansion, who had been staying on the property with the previous owners. South Africa– Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Evictions have been in the news a lot lately, especially with the moratoriums enacted in response to the coronavirus pandemic and the backlash from landlords nationwide. The information on this website is provided to assist the reader with a general understanding of the law. Evicting a grown child can be a lengthy legal process that requires obtaining a court order. Learn more about the latest developments in eviction law here. Ever wonder how to remove your bad tenant without having to evict? Generally, the first steps is to assess the legal relationship an owner of property has with the occupier. More posts by Eviction Lawyers South Africa . The landowner’s attempt to evict the two adult sons and daughter-in-law from the property was met with resistance from Mrs. Hattingh, who argued that she had a right to family life, and that she was entitled to have the additional occupiers live with her. In conclusion, one cannot evict without a 30 day notice. There could be a number of reasons for writing an eviction notice to a family member to remove him from a private owned property. In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the Act) must be complied with. PIE applies to unlawful occupiers, people who do not have permission from the owner of the land or home in which they are living. Landlords cannot evict illegal occupants without first obtaining a court order. This happens daily throughout South Africa and would normally not be regarded as news. T he court will only give an eviction order if it is proved that 1) you are the owner of the land; 2) the person occupying your property is an unlawful occupier; and 3) you have reasonable grounds to evict the occupier. In most states, you can remove a month-to-month tenant just because you don't like her anymore. Here, if the tenant throws loud parties, or continually acts in a way that is not conducive to neighbourly living, the landlord/lady would have grounds to evict them. The Magistrate’s Court ruled in favour of Mrs. Hattingh. This means that it is the highest law in the country. Eviction on the grounds of nuisance can be used only if there was a nuisance clause in the agreement. The relationship between landlord and tenant and the eviction process is a complex one. The South African Constitution, echoing the Freedom Charter, begins by stating that “South Africa belongs to all who live in it”. T he Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 (also called PIE) makes it a criminal offence to evict your tenant without a court order. One of these rights is the right to housing. The post WATCH: Family resorts to court to evict tenant from R10m Hout Bay mansion appeared first on DFA. Please note if you are evicting more then 1 tenant, you will be charged an additional fee of $25 per person. If you try do this, you may act illegally, and may face serious negative legal consequences. Author Eviction Lawyers South Africa. After issuing this, the court expects that if the renter has a valid defence as to why he or she should not be evicted, then, that should be made known. Locked down scotland, the correct way of any damage to grant an opposed eviction letter. In case you have the power to do so, you really don’t need to file any petition with the legal body. If your eviction petition is granted, you can use it to forcibly remove the child from the home. There is no such thing as an “eviction notice” in South African law. By Simon Dippenaar, as featured on FIN24.com. We are members of the Law Society of the Cape of Good Hope as well as the Attorneys’ Fidelity Fund, guaranteeing clients both expert assistance and the peace of mind that all funds held in trust are securely underwritten by a certified statutory body. Here are using an eviction south africa is free to rent to assist in instances where the details, you want to evicting the beginning. Email Simon at sdippenaar@sdlaw.co.za for more about what to do and not do to successfully navigate the eviction process. In other words Dear Gabriel, It pains me to have to do this to a member of the family but you have not respected my wishes and continue to break the rules of the living arrangements offered to you. A set of legal rules must be followed to legally evict anyone in South Africa. Often a beneficiary is a close friend or family member who takes something from the will.