Eviction & Rental Claims
Having problems with defaulting tenants or unlawful occupiers of your property? Cannot get occupation after buying a property? Or maybe you are destitute and faced with eviction. We can help you.
The law on eviction has developed extensively over the past 15 years and mostly to the detriment of landlords. Christo Smith is the author of the leading text book in this area of the law.
Christo Smith Attorney is geared to recover outstanding rent and can in most cases secure the attachment of movables in security of rent within 24 hours.
We can guide you through the drafting of a lease and the placing of a tenant, which often is the stage where things start going wrong. Apart from the eviction itself, the lease, in a tenancy matter, has to be canceled legally. Self-help practices often lead to nightmares.
Various statutes have been promulgated which regulate the process. Residential eviction are regulated by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 also referred to as “Pie”.
Rural eviction, mostly relating to farm labourers, are regulated by the Extension of Security of Tenure Act 62 of 1997 (“Esta”). Labour tenants are a special category that have to be dealt with in terms of the Labour Tenants Act 3 of 1996.
To find your way through these different statutes when dealing with an eviction can be daunting.
Commercial eviction are impacted to a small extent by the Consumer Protection Act, but nevertheless must be dealt with in accordance with common law principles relating to the cancellation of leases and eviction.
Make sure you are treated in a fair way as a tenant. If you are a landlord, safeguard your investment by seeking our assistance before things get out of hand.
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