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Spoliation And Illegal Eviction

Spoliation And Illegal Eviction Spoliation is usually the first thing that jumps to mind when a landlord is confronted with a problem tenant or illegal occupant. By resorting to creative, illegal tactics to get rid of the problem, a landlord could be putting an...

How To Evict A Tenant

How To Evict A Tenant Tenant Not Paying Rent, Now What? Landlord-Tenant disputes come in many different shapes and forms but to best explain the process a Landlord could follow when a Tenant breaches the lease agreement, let’s consider the most common scenario...

PIE Evictions

PIE Evictions Prevention of Illegal Evictions from and Unlawful Occupation of Land Act (PIE) PIE sets out procedural and substantive requirements that must be satisfied before a court may grant an order of eviction. The procedural protection that PIE affords occupants...

ESTA Evictions

ESTA Evictions Extension of Security of Tenure Act (ESTA) ESTA applies only to occupiers of rural or peri-urban land, whose occupation is, or was, lawful in that they resided on the land with the consent of the owner. Occupiers under ESTA may not earn more than...

The Magistrates’ Court Act

The Magistrates’ Court Act The landlord’s tacit hypothec gives the landlord the right to attach all movable property, brought onto the property, in order to collect rent arrears. It is a powerful weapon against a defaulting tenant and can secure the landlord’s...