Evicting Squatters: What Landlords Must Know
One of the possible challenges facing landlords is the financial and emotional strain caused by unlawful occupiers. Even though there is no legal contract allowing them to reside in your rental property, squatters are not considered illegal unless a court orders their eviction. This means homeowners must proceed with caution. Are you in a situation where squatters are occupying your home? RCS Law can assist with legal evictions in South Africa.
Who are Considered Squatters?
Legally referred to as unlawful occupiers, squatters are individuals who occupy a property without the owner’s consent and without a lease in place. Squatters do not own, rent, or even have legal permission to reside in the property, and do not pay any rental contributions to be there. Let us consider evicting squatters and what landlords must know.
Squatter’s Rights in South Africa
Although squatters have no legal right to live in your home, they are protected by the law. This means you cannot kick them out or remove them yourself. As frustrating as the situation may be, the only way to legally evict a squatter is by obtaining a court order. This is something our RCS Law team of attorneys can assist you with, as experts in property law.
South African law aims to prevent homelessness and illegal evictions, with a strong focus on the constitutional rights of squatters. If the squatter is recent and you fear that their continued presence in your property could cause harm, we can also assist you in applying for an urgent eviction.
Squatters Have the Right to:
- Not be evicted without a valid court order
- Receive notice, in writing, of the eviction proceedings
- Have their personal circumstances considered by the court
- Be treated with dignity, without threats, intimidation, or forced removal
Legal Framework for Evicting Illegal Squatters
The process of evicting illegal squatters is primarily governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) and, in some cases, the Extension of Security of Tenure Act 62 of 1997 (ESTA). Property laws follow section 26 of the Constitution, which protects the right to housing but allows evictions when legally justified.
This framework aims to balance landlords’ rights with the protection of vulnerable individuals from unlawful evictions. At RCS Law, our legal team knows how to prevent costly delays in the eviction process and can help you to successfully and legally evict squatters from your property. Our eviction attorneys in Cape Town are dedicated to helping you navigate an eviction that works in your favour.
Are you ready to legally reclaim your property and evict squatters? CONTACT US now to get started, or complete our Evictions Services Client Interest Form.