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The eviction process can be a complex and time-consuming endeavor, often requiring several steps to ensure legal compliance. When unlawful occupiers refuse to vacate a property, the procedure involves multiple stages and legal actions.
Initiating the Tenant Eviction Process
The first step is sending a notice letter to the unlawful occupiers, informing them that they must vacate the property within 30 days. This letter must be served by the sheriff of the relevant jurisdiction.
If the occupiers do not leave within this period, the next step is to draft an eviction application. This application is comprehensive and must be submitted to the court within the property’s jurisdiction.
Once filed, a court date is set, usually about three months in advance due to interim legal requirements.
Court Applications
While awaiting the main eviction application date, an ex parte application under section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) is filed.
This application seeks the court’s permission to proceed with the eviction. The ex parte application is issued under the same case number as the main eviction application and is heard in court, either in open court or in chambers.
Upon approval, this order is attached to the main eviction application and served to the unlawful occupiers at least 14 days before the hearing of the main application.
Court Hearing and Enforcement
The main application is then heard in court. If the eviction order is granted, the judge typically allows another 30 days for the unlawful occupiers to vacate. This order is again served by the sheriff, marking the start of the 30-day period.
If the occupiers do not move out within this timeframe, the attorneys instruct the sheriff to physically evict them, ensuring compliance with the court’s order.
Timeline and Costs of Tenant Eviction Process
For an unopposed eviction, the process generally takes about three months. This timeline accounts for the court dates and the necessary interim orders. However, if the eviction is opposed, the process can extend to two or three years, significantly increasing the complexity and duration.
Financial Considerations
The costs associated with evictions vary. An unopposed eviction typically costs around R13,000, excluding VAT and sheriff fees.
However, if the eviction is opposed, costs can escalate significantly, ranging from R50,000 to R200,000, due to the extensive legal work involved.
Conclusion:
Navigating the eviction process requires patience, legal expertise, and financial resources, especially if the eviction is contested. Understanding the steps and potential challenges can help property owners prepare for the complexities involved.