What is eviction and when may a person be removed from your property:
Eviction refers to the legal process by which an unlawful occupier is removed from your property by the Sheriff, following a granted court order authorizing the unlawful occupant’s removal.
An unlawful occupier is someone who has taken possession of your property without your consent or someone who occupied your property without the legal right to occupy your property.
TIP: It is essential to be aware that our Constitution safeguards the right of individuals to remain in their homes and prohibits their removal without a court order. Therefore, it is important to note that you must initiate a court application to obtain the necessary court order before proceeding with the eviction of the unlawful occupier.
The process and duration of eviction:
When seeking to remove an unlawful occupier, it is important to follow the guidelines outlined in the Prevention of Illegal Eviction Act (PIE). This Act sets forth the prescribed procedure when dealing with an unlawful occupier. In summary:
Step1: Initiate the process by withdrawing your consent or the occupier’s right to occupy your property. This can be achieved by providing a written notice to the occupier, stating your withdrawal of consent or right to occupy your property and offering a reasonable timeframe for the unlawful occupier to vacate your property.
Step2: If the occupier fails to vacate your property within the given timeframe, approach the court by issuing an Eviction Application. The court will provide you with a date for the Eviction Application to be heard.
Step3: At least 14 business days before your Eviction Application is heard, the Sheriff must personally serve a written notice on the unlawful occupier and on the municipality that has jurisdiction over your property’s location. This notice must outline the date of the hearing, the reasons for the occupant’s potential removal and the occupant’s right to put forward a defence on the date of hearing.
Step4: Ideally, you and the unlawful occupier must be present at court on the date of hearing. However, the court may proceed to have the matter heard in the absence of the unlawful occupant. After hearing the matter and being satisfied, the court will grant the eviction order, commonly known as a Warrant of Execution. In the event the court deems the occupant’s defence to be valid, a trial date must be set.
Step5: If the unlawful occupant fails to vacate your property within a specified time after the Warrant of Execution was given, you may deliver the warrant to the Sheriff and instruct the Sheriff to remove the unlawful occupant’s possessions from your property.
The process discussed above’s duration may range from approximately 6 to 18 months, depending on whether the matter proceeds to trail or remains unopposed/uncontested.