Eviction Attorneys Paarl

No. An eviction requires a court order. Changing the locks or removing the occupier without an order is unlawful and can result in a spoliation application, potentially restoring the occupier to the property.

No. Disconnecting utilities to force someone out is unlawful, for the same reason and with the same consequences.

An unopposed residential eviction generally takes around three to six months, from the first breach notice through to the Sheriff enforcing the order. An opposed eviction can take a year or longer. Much of the timeframe is due to statutory notice periods and waiting for a court date.

Usually, yes. Commercial matters generally require the tenant to be placed in breach and given an opportunity to remedy the breach. Residential matters involve additional statutory requirements, including a termination notice. These are often the steps that are overlooked or incorrectly followed.

In residential matters it considers whether the eviction would be just and equitable, weighing the circumstances of both the occupiers and the owner. In commercial matters it looks primarily at the lease and the contractual rights it creates.

Yes. Where appropriate, we can pursue arrear rental alongside the eviction, rather than leaving you to recover the debt separately after the property has been vacated.

Yes. We act for occupiers and tenants defending an eviction. An eviction is not automatic, and there are both procedural requirements and, in residential matters, a just and equitable test the court must apply.

The order specifies the date by which the occupier must vacate. If they fail to do so, the Sheriff of the Court, with the assistance of SAPS and Law Enforcement where required, may lawfully enforce the eviction.