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Evictions

The Eviction Process in a nutshell…

The first thing that you need to know is that in the eviction process you have unopposed and opposed evictions. So what is the difference?

In an unopposed eviction, only the owner’s version is put to the Court and the turnaround time is between 2-5 months (depending on the Court).

In an opposed eviction, the unlawful occupier places their version before the Court as well, resulting in it taking longer as more Court documents will be drafted and more time-frames to adhere to.

“At Bruno Simao Attorneys we pride ourselves on completing 70% of our evictions in the very early stages (often by phase 2) due to our active participation and turnaround.”

For a greater understanding, we divide our unopposed evictions into 5-phases, namely:

  1. In phase 1 the Letter of Demand is delivered, giving the unlawful occupier 20 business days, as per the Consumer Protection Act, to correct their breach. We further deliver the Letter of Cancellation and the Notice to Vacate terminating the lease and demanding that the unlawful occupier, and all those who occupy the property under the unlawful occupier, vacate the property.
  2. In phase 2 we draft the Main Eviction Application, where we place all the facts on paper, and have the Sheriff serve this on the unlawful occupier.
  3. In phase 3 we draft the Section 4(2) Application, a formal step required by legislation to give notice to the unlawful occupier and the Municipality of the upcoming Main Application Hearing Date.
  4. In phase 4 the Hearing Date of the Main Application takes place and this is where we attend Court on your behalf and address the Judge/Magistrate, to have a Court (Eviction) order granted on the Owner’s behalf.
  5. Phase 5, the final phase, is the actual Eviction of the occupier, which is handled by the Sheriff, who, if required, forcefully removes the occupiers from the property with the help of a locksmith, the SAPS and/or the Red Ants, if required.

Kindly contact our offices on info@brunosimaolaw.co.za if you have any further question on the eviction process.

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