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Types of Evictions
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Types of Evictions
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  • Types of Evictions

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  • Types of Evictions

Types of Evictions

1. Residential Evictions (Rental Properties)

3. Eviction of Squatters (Unlawful Occupation)

1. Residential Evictions (Rental Properties)

Common Scenarios


Non-payment of rent.


Breach of the lease agreement.


End of lease term without renewal.



The landlord must provide notice and follow court procedures to obtain an eviction order.

Governed primarily by the Rental Housing Act and Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).

Common scenarios:

Non-payment of rent.

Breach of the lease agreement.

End of lease term without renewal.


The landlord must provide notice and follow court procedures to obtain an eviction order.

2. Farm Evictions

3. Eviction of Squatters (Unlawful Occupation)

1. Residential Evictions (Rental Properties)

Governed by the Extension of Security of Tenure Act (ESTA).


Applies to farm dwellers and labor tenants who live on agricultural land.


Evictions must be conducted with due process, including:


A valid court order.


Consideration of alternative housing or land.


Following procedural fairness regarding occupiers' rights.

3. Eviction of Squatters (Unlawful Occupation)

3. Eviction of Squatters (Unlawful Occupation)

3. Eviction of Squatters (Unlawful Occupation)

Governed by the PIE Act.Protects unlawful occupiers (e.g., those occupying land without permission).




Governed by the PIE Act.

Protects unlawful occupiers (e.g., those occupying land without permission).

Requires:

A court order.

A notice period (14 days) before the eviction.

Consideration of alternative housing arrangements, especially for vulnerable groups

A notice period (14 days) before the eviction.


Consideration of alternative housing arrangements, especially for vulnerable groups.

5. Municipal Evictions

6. Eviction for Development Purposes

3. Eviction of Squatters (Unlawful Occupation)

Involves informal settlements or illegal structures on public land.


Governed by the PIE Act and constitutional principles.Involves informal settlements or illegal structures on public land.Governed by the PIE Act and constitutional principles.


Authorities must:


Obtain a court order.


Ensure compliance with housing policies.


Provide alternative accommodations if required.

6. Eviction for Development Purposes

6. Eviction for Development Purposes

6. Eviction for Development Purposes

When land is cleared for infrastructure or private development.


Governed by the PIE Act and other legislation.


Courts evaluate fairness, alternative housing, and community impact.


Key Principles in Evictions:

6. Eviction for Development Purposes

6. Eviction for Development Purposes

Court Order: No eviction can be carried out without a court order.


Alternative Accommodation: Vulnerable individuals (e.g., elderly, children) require alternative housing arrangements.


Fair Process: Compliance with notice periods and due consideration of rights.



Let me know if you need detailed steps or guidance on any specific type!

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