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eviction attorney Johannesburg Archives | Page 8 of 28 | Eviction Lawyers South Africa

Jan 30
0

Hundreds evicted from buildings in Cape Town city centre

By | Eviction news, Homeless

Reprinted from CapeTownetc.com, by of GroundUp – 2024-01-28

Piles of suitcases, mattresses and items of furniture were strewn across the narrow Commercial Street in Cape Town on Wednesday and Thursday.

Hundreds of people, most of whom are foreign nationals, were evicted from three buildings in the city centre.

The area outside 42 and 44 Commercial Street was in chaos on Wednesday as dozens of South African Police Service (SAPS) officers and immigration officials cordoned off the street where the occupiers remained with their belongings. The occupied buildings are in close proximity to Parliament.

According to Western Cape SAPS spokesperson Malcolm Pojie, more than 100 undocumented people were transported to Epping Immigration Office for verification. ‘All other persons who illegally occupied the building were informed to vacate the premises with immediate effect,’ he said.

The occupiers were reportedly served with eviction notices from March 2023. A court order which was granted on 31 August 2023, stated: ‘The first to 265 respondents are ordered to vacate property situated at 44 to 48 Commercial Street, Cape Town, Western Cape by no later than December 31, 2023.’

The August court order was granted a few days after a fire in one of the buildings that was caused due to an electrical fault.

The court also said that if the occupiers do not vacate, then the sheriff and SAPS are authorised to remove the group with their belongings.

When we arrived on Wednesday, the occupiers — some standing with bags filled with their belongings — had been told to wait outside while officials went into the buildings to remove their belongings.

One of the occupiers, Pearl Myekeni, said she received an eviction notice in March.

Myekeni said they were told that the landlord to whom they were paying rent had apparently not been paying the owner of the building. The owner then terminated the contract. ‘We ended up collecting R26,000 from the tenants, each tenant contributed about R300. I didn’t participate so I was told that I can’t sleep here.’

She said slept at her boyfriend’s house on Wednesday night. Myekeni has been living in the building since September 2022.

She said she has had her belongings packed in boxes since December in anticipation of being evicted.

Another tenant, who did not want to give her name, claimed that ‘more than a thousand’ people were living in the buildings. ‘About four months ago after finding out that the landlords were not paying the owner of these buildings, we got rid of them and we haven’t been paying rent to anyone ever since then.’

Azubuike Kanu, who said he has lived in one of the buildings for more than five years, told GroundUp that he sent his wife and children to live in the Eastern Cape in December in anticipation of the eviction.

‘We were violently taken out of the building [on Wednesday]. We were transported in a truck to Langa Home Affairs to check whether we are here illegally or not. Some were arrested. They drove me to Mowbray and I had to find my own way back here,’ said Kanu.

Kanu spent the night outside on the pavement again on Thursday because he has nowhere else to go.

Cape Town lawyer Junaid Jamat told GroundUp that he is representing 120 of the occupants. ‘We were made aware of the issue last week Friday, but the occupants had no funds for the case to be handled.’ He said by the time the residents had collected funds on Tuesday, it was too late to oppose the eviction in the High Court.

‘Unfortunately, by Wednesday morning the Sheriff and the police were already there evicting the people, so we were too late,’ he said.

GroundUp contacted the Department of Home Affairs for additional information on the arrested immigrants on Wednesday afternoon. No comment was given by the time of publication.

For further information

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with tenants’ rights or landlords’ responsibilities.

Further reading:

Jan 25
0

How to evict non-paying tenants

By | Evictions, Rent, Tenants

Evicting a non-paying tenant is a legal matter that should be handled to avoid incurring losses. This is how an eviction can be done.

Reprinted from citizen.co.za, by Kayla Ferguson – 2024-01-23

While it can be a lengthy process to evict tenants who fail to pay their rent, there are procedures in place to make sure that both the tenants’ and the landlords’ rights are protected. Following the necessary steps is key to a hassle-free eviction process.

Legal provisions

Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa explains that both the tenant and the landlord must play fair with respect to their rental agreement.

“It is crucial to abide by the contractual agreements and, if not, to then proceed with the required legal procedures stipulated in this regard. It is only when people deviate from this that issues start to occur,” he notes.

Tenants are protected by two pieces of legislation, namely: the Prevention of Illegal Eviction from Unlawful Occupation of Land Act, No. 19 of 1998 (PIE Act), and the Rental Housing Act of 1999 (RHAct) as amended. The first sets out the process for evicting tenants, and the second makes it a criminal offence for a landlord to simply cut the supply of electricity or water, change the locks, confiscate tenants’ belongings, or stop a tenant from having access to the property.

“It is vital to always play by the rules. While you might think you can get a non-paying tenant out quicker if you change the locks or defer to other intimidation tactics, the truth is that this will most likely only provide the tenant with ammunition to use against you in the court proceedings. This will only drag things out further and cause more unnecessary complications and delays,” says Goslett.

Although it might be forgivable for the odd late payment if it’s a bank or financial system-related problem, a landlord cannot be so lenient if their tenant gets into the habit of paying their rent late.

How to go about the eviction

“Because the monthly payment date forms part of the rental agreement – which must also comply with the Consumer Protection Act – when a tenant doesn’t pay on time, they are technically in breach of contract. Legally, this means that a landlord should send the tenant a formal letter explaining that they have 20 business days to make the payment, and if they don’t pay their rent in that time, their lease will be cancelled,” Goslett explains.

If the tenant fails to pay what is due within the stipulated timeframe, the landlord can legally terminate the lease and ask them to leave. If the tenant refuses, the landlord can then take out a court order to evict the tenant for breach of contract.

“This process can take up to six months, during which your tenant can stay in your property and will probably still not pay rent. Once the eviction is granted, the tenant is usually given at least another 14 days to find new accommodation before the eviction order is executed,” says Goslett.

Because the eviction process can be so lengthy, Goslett suggests taking steps as soon as possible to prevent too great a loss of income. “The longer you take to act on a late or missed payment, the longer it will be before you can legally evict a tenant who continues to miss payments.”

To guard against this, landlords are encouraged to work with a professional RE/MAX rental agent who can thoroughly screen potential tenants and minimise the risk of late or missed payments.

“It can be tempting to go it alone in the mistaken belief that handling the property rental yourself will save you money. Also, when we’ve found the perfect tenant, it’s impossible to think that something might go wrong – until it does. It is better to get expert help from the very beginning than to try and navigate these challenges on your own,” Goslett concludes.

For more information on evicting a non-paying tenant

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help evicting a non-paying tenant.

Further reading:

Oct 17
0

Court showdown over Cape Flats evictions

By | Eviction news, Evictions, Homeless

“We are not here because we want to be here. We are here because we need homes.”

Reprinted from GroundUp, by Mary-Anne Gontsana – 2023-10-16

  • People living in about 110 informal structures and Wendy houses at Cathkin Village informal settlement in Heideveld are facing eviction.
  • They first moved onto the land earmarked for the Western Cape Education Department (WCED) in May 2018 due to the lack of affordable housing options in the community.
  • Their fate will be determined on 24 October when their eviction case is heard in court.

Hundreds of people living on land earmarked for the Western Cape Education Department (WCED) are heading to court later this month to fight their eviction.

There are about 110 informal structures and Wendy houses at the Cathkin Village informal settlement in Heideveld. It is home to hundreds of backyarders who occupied the vacant land in May 2018 due to the lack of affordable housing options in the community.

Residents like Faranaaz Fisher fear being evicted from the area where most of them have lived their whole lives. Fisher said she has been on the housing waiting list for more than 20 years and could no longer live in her mother’s cramped council flat with ten other relatives.

She said that life at the settlement hasn’t been easy because they don’t have basic services and gang violence in the surrounding area is rife.

“We lock this (entrance) gate at 7pm for safety purposes. Everyone here, especially the children, know that they need to be inside by then. We don’t allow nonsense. We try our best to keep this a safe environment from things like drugs and crime. We even have a neighbourhood watch,” she said.

Fisher said that because there was no electricity in the settlement, most residents used car batteries to power small appliances, rechargeable lights, and gas stoves for cooking. “It gets completely dark here at night because we don’t even have a mast light.”

Another resident, Farinaas Lakay, said they only have access to three taps and porta-potties. “The City of Cape Town failed us and has probably forgotten about us,” she said. “We are not here because we want to be here. We are here because we need homes.”

Cathkin Village is fenced off and has two entrance/exit gates. One of the entrances is situated on the side of a block of flats, which according to Lakay, has many shooting incidents.

According to Lakay, most of the residents in the settlement have been on the housing waiting list for decades.

On the eviction order, Lakay said: “We are fighting for houses. We want houses to be built on this land. Our children go to school here, our husbands have jobs here and everything is close by like public transport and clinics. More importantly, most of us are from Heideveld.”

WCED spokesperson Kerry Mauchline told GroundUp that the land was allocated to the department but it is under the custodianship of the Department of Infrastructure.

“The land is illegally invaded. Court action has been initiated to remove the illegal occupants so that the land can be used for education. An eviction order was issued against the illegal occupants. In terms of the eviction order, the City of Cape Town must find alternative accommodation for the occupants,” said Mauchline.

Mayco member for Water and Sanitation Zahid Badroodien said: “The City’s Water and Sanitation Directorate’s Informal Settlement provided three standpipes on a City-owned piece of land on the periphery of the informal settlement, and 109 portable flush toilets. Currently there are no further plans as the land where the informal settlement stands does not belong to the City.”

Junaid Jumat, the lawyer representing the Cathkin occupants, said: “An eviction order had been granted against the residents just before Covid lockdown, and there were dates for when the eviction should’ve taken place, but those dates have since lapsed.” The case has been enrolled again, said Jumat.

Jumat said they want the court to amend the order and change the eviction date.

The matter is expected to be heard in court on 24 October.

For further information

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with tenants’ rights or landlords’ responsibilities.

Further reading: