The Prevention of and Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) was promulgated in 1998. An unlawful occupier is defined in the PIE Act as a person who occupies land without the consent of the owner or person in charge of the land or without any other right in law to occupy the land. An owner wishing to evict an unlawful occupier from any land in South Africa has to take various additional steps laid out in Section 4 of the PIE Act.
As a Landlord it is tempting to take the law into your own hand and change the locks of your premises so that your defaulting tenant no longer has a free ride. However this could have costly consequences for you. The legal way is the only way. Here are the steps for a quick and legal eviction:
Commercial evictions are regulated by the common law as opposed to statutory law. Unlike residential evictions tenants do not enjoy protection of specific laws and regulations. Commercial eviction proceedings can either be brought by way of action or application.
However one needs to take in consideration the provisions of the Consumer Protection Act 68 of 2008 and the Companies Act 71 of 2008 which may affect the eviction process.