How to get a PIE eviction order
If you are a landlord who wants to evict a tenant for non-payment of rent or other reasons, you need to follow the proper legal process and timeline for a PIE eviction application. PIE stands for Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, and it is a law that protects the rights of both landlords and tenants in South Africa.
Here are the steps you need to take to apply for a PIE eviction order:
Send a written notice of termination of the lease to the tenant, stating the reason and date for the eviction. You must give the tenant at least one month's notice, or the notice period specified in the lease agreement.
If the tenant does not vacate the property by the end of the notice period, you can approach the Magistrate's Court or the High Court to obtain an eviction order. You will need to file an application supported by an affidavit. You will also normally attach a copy of the notice of termination, a copy of the lease agreement, and proof of ownership of the property.
You will then have to serve on the tenant, any other occupiers of the property, and on the local municipality copies of the application. The application will inform the tenant of the date and time of the hearing, and the founding affidavit will explain the grounds for the eviction.
The tenant has the right to oppose the eviction and file an answering affidavit, stating their reasons for staying on in the property.
In due course, a final hearing date will be arranged for the matter. At this hearing, the court will listen to both parties and consider various factors, such as the circumstances of the tenant, the availability of alternative accommodation, and the impact of the eviction on both parties.
If the court grants the eviction order, it will specify a date by which the tenant must vacate the property.
If the tenant still does not leave by the specified date, you can have a warrant of ejectment/eviction issued from the court, which will authorise the sheriff to remove the tenant and their belongings from the property.
The whole process can take anywhere from six weeks to six months, depending on how complex and contested the eviction is. It is advisable to consult with an attorney who specialises in evictions before you start the process, as they can guide you through the legal requirements and procedures.
