Evictions is a very daunting subject and, the most important part of any eviction is not getting it done, but getting it right. There are many different ways of going about either Commercial, Farm or Residential Evictions but that also means there are many different ways of not getting it right. Basically the whole aim with evictions is to lawfully evict the erring tenants so as to return the property to profitability.
The above is no easy matter, and any Organisation seeking a Lawyer for the purposes of attending to Evictions of any kind had best select an Attorney who is thorough to a fault, is astute and shrewd on behalf of his Client when approaching and deciding on such matters, and is familiar with this field of Law.
This applies to evicting persons from office, retail or industrial space
In the case of Commercial Evictions there is no protection of PIE or ESTA as these matters are conducted either in the High Court or the Magistrates Court. Thus the final decision is based upon the use of the property.
Proceedings could be by either Action (Summons) or an Application (Affidavit). These originated in civil litigation and are based on the clauses and contents of the Lease Agreement. Application could prove faster conditional upon encountering no factual disputes; yet, there are other advantages by taking the route of Summons.
These are governed by the Extension of Security of Tenure Act 62 of 1997. This Act is known as ESTA. Its main intention is to safeguard the rights of people who live on land in rural and peri-urban areas, and to prevent both unfair and arbitrary evictions.
The essence in this matter is to firmly establish what is considered farming property. Also to be taken into consideration is The Farm Eviction Procedures Act which regulates the terms and conditions of residence on certain land and the conditions and circumstances under which to terminate the right of persons to reside on said land. Following that, the correct legal procedure to be followed must be decided upon; all before an eviction order is granted.
This is so involved and again the right Attorney must be sought for such things.
The Prevention of Illegal Eviction from, and Unlawful Occupation of Land Act 19 of 1998 – known as PIE, governs Residential Evictions. The origin of PIE was to recognise land owners’ rights to approach Courts for an Eviction Order, and also to regulate the lawful eviction of unlawful occupants.
The point of this is that it obviated certain common law rights relating to eviction – which were often misinterpreted - and established the fact that no one person can be evicted from their home or have their home destroyed without a Court Order.
Therefore Residential Evictions are enacted under either the terms of PIE or ESTA. In the first place a decision must be made as to which of these two Acts applies to the situation at hand because selecting the incorrect Act will cause failure – no matter how solid your ‘case’ may be.
Who better to call than Martin Vermaak Attorneys to handle your Evictions for you? Phone us on 011 875-4311