PHIL and Eunice couldn’t pay their rent for the month.
Phil spoke to their landlord and explained that he would pay him next month, but the landlord got angry and locked them out.
This despite the fact that he had no court order.
AZIKHIPHI! That’s not on!
It is illegal to just kick someone out of their house, even if they haven’t paid rent.
Phil phoned Scorpion Legal Protection to get legal help and advice.
What does the law say?
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act) says no one can evict you from your home without a court order and considering all the circumstances.
Even if you haven’t paid your rent, you still have rights.
The process of getting evicted
1 The landlord will apply to the court to start the eviction process.
2 The court will consider the situation and make a decision.
3 If the court thinks the eviction is fair, a sheriff will serve the tenant and the local municipality with a Notice of Intention to Evict.
4 Tenants can oppose, and the matter will be argued in front of a magistrate or judge, who will decide if an eviction order can be granted, and how long the tenants have to move out.
5 If the tenants don’t oppose, the court will grant the eviction order.
6 If the tenants still refuse to move out, the court can issue a Warrant of Ejectment.
This means a sheriff will remove the tenants from the house.
What is Spoliation?
This is when the landlord takes the law into their own hands.
It includes things like changing the locks, switching off the electricity or water, and physically or verbally threatening the tenant to force them to leave.
It is against the law, and the tenant has the right to apply for a Spoliation Order against the landlord if he does this.
This may result in the tenant being given access to the house again and payment of his legal fees.
How can Scorpion help?
DEPENDING on their policy, Scorpion will talk to the landlord on their behalf and defend them, if he applies for an eviction notice.
Since the landlord locked them out, Scorpion will help them get a Spoliation Order against the landlord so that Phil and Eunice can get access to their house again.
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