The correct tenant eviction process needs to be followed in order for an eviction to be lawful. If the attempted eviction is done incorrectly, as per the Prevention of Illegal Eviction Act, then this will at the very least cause costly delays, and at worst the Landlord can be imprisoned.
The Prevention of Illegal Evictions from and Unlawful Occupation of Land Act, 19 of 1998, (the “PIE Act”) regulates the lawful eviction of unlawful occupiers. It is in terms of the PIE Act that a landlord is entitled to evict a tenant and to obtain a judgment to recover losses, damages and costs by approaching the court for relief.
The duration of the eviction process would depend on the circumstances of each case, including the following:
- Will the matter be defended?
- Were the correct procedures followed?
- Is a proper Lease Agreement in place?