When is a tenant not a tenant?

In terms of the Constitution of South Africa, “No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.” The Prevention of Illegal Eviction (PIE) Act (1998) sets out the procedure to be followed if […]

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Don’t cross the line into an illegal eviction

Trying to evict a tenant can be a highly frustrating problem, especially if you’re losing money on rentals or need to fix damage to your property that was caused by the tenant. However, it’s essential that you follow the letter of the law so that you don’t end up in trouble. The Prevention of Illegal […]

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Don’t DIY yourself to an eviction

A quick trip to the Builders Warehouse over the weekend confirms that South Africans are indeed getting stuck into DIY projects. Renovations, touch-ups and home improvements are very common this time of year as tenants sign and renew lease agreements. But before rushing off with paint rollers and tile cement, let’s look at the contractual […]

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Inhumane Evictions – Balancing Competing Interests

Inhumane Eviction Legal Support

In 1986, Robert Cover of Yale Law School wrote, ‘Legal interpretation takes place in a field of pain and death’. In South Africa the question of inhumane evictions and eviction rights for occupiers runs rampant in the wake of the legislations enforced during apartheid, as well as the slow pace of reform experienced by many […]

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