Steps to take before launching a PIE Eviction Application
Evicting a tenant in South Africa is governed by strict legal procedures to ensure fairness and legality. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, commonly known as the PIE Act, outlines this process.
To ensure eventual success in the courtroom, it is crucial to lay the groundwork for success by strictly following the necessary steps before the actual eviction application is launched. Such steps include:
Step 1: Understanding the Grounds for Eviction
Before initiating an eviction process, it's crucial to understand the legal grounds for eviction under the PIE Act. The act protects the occupier's right to adequate housing and the landowner's property rights, ensuring that evictions are carried out justly and equitably.
Valid grounds for eviction may include:
Non-payment of rent (the most common complaint).
Damage to the leased property or the property is kept in an untidy state.
Illegal activities at the property.
Any other valid breach of the lease agreement.
Generally speaking, it is preferable to base your eviction application on an “objective” form of breach, such as non-payment of the rent. Non-payment of rent is relatively easy to prove, and there are few valid defences against it.
On the other hand, it is risky to base the application on the messy or slovenly state of the property, as this is a highly “subjective” matter, and different parties and magistrates/judges may approach such disputes with different views.
Step 2: Notice of Breach
Once you have settled on the intended grounds, you must send the tenants a letter informing them of their breach of the agreement and your intention to cancel the lease if they fail to remedy their breach timeously.
The timeframe stipulated in the breach will depend on the wording of the lease agreement. If no written lease agreement was signed, then you will have to comply with the provisions of the Rental Housing Act, 50 of 1999.
Step 4: Cancellation of Lease
If the tenant fails to remedy the breach, the landlord can cancel the lease. This cancellation must again be communicated to the tenant in a formal letter.
Upon receipt of this letter, the lease agreement is cancelled, and the tenant becomes an “unlawful occupier” of the property. Thus, launching a formal application under the PIE Act is now possible.
Step 5: The formal PIE Eviction Application
If the tenant persists in staying at the property after receiving the notice of cancellation, the landlord may file an eviction application.
Conclusion
Evicting a tenant is a serious legal matter that requires careful attention to the procedures outlined in the PIE Act. Landlords must ensure they act within the law, providing fair notice and opportunity for tenants to remedy any breaches before proceeding with an eviction application. By following these steps, landlords can navigate the eviction process with certainty and peace of mind.
