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HELP: "I wan to evict my boyfriend"

By Faeza
26 August 2016

Anonymous from Durban writes: 

I have been living with my boyfriend for six months in my house and I want to evict him. What is the legal procedure to evict someone?

Ausi Nthabi answers:

The eviction of people is regulated by the Prevention of and Illegal Eviction from Unlawful Occupation of Land Act, popularly called the PIE Act. In terms of the PIE Act, an owner who wants to evict someone has to take certain legal compulsory steps which are firstly giving a notice to evict the person. The person must be given 20 to 30 days to leave the property. If the person has not vacated despite being issued with the eviction letter, you need to bring a court application from either the High Court or the Magistrate Court for eviction. The application must contain a short affidavit stating the facts. The application is served to the Municipality and upon the person you want evicted. The person has the right to oppose the application. Upon granting of the order, the person will be given 30 days

to vacate. If they do not leave, you need to go back to court in order for the sheriff to evict them.