Cape Town passes unlawful occupations by-law, despite protest

Image of man jogging next to a homeless person's tent on the street

Reprinted from Moneyweb, by Liezl Human (GroundUp) – 2021-10-01 Housing activist groups have condemned the Unlawful Occupations By-law which was passed by the City of Cape Town on Wednesday, saying that it will criminalise people in need of housing and those living in shacks. An amended Streets, Public Places and Prevention of Noise Nuisances By-law […]

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How to evict a tenant without being sued

Image depicting a distressed man dealing with an eviction

Follow these 10 dos and don’ts for eviction and avoid litigation We often hear from clients: “I need to evict my tenant. But I’m worried I’ll be sued.” While we’re nothing like the US in terms of readiness to sue, society is becoming more litigious (which means “tending to take legal action to settle disputes”). […]

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Online petition on evicting domestic abusers got court ruling wrong

Judges emphasise that procedural fairness must be upheld Reprinted from groundup.org.za, by Tania Broughton – 2020-09-04 Three appeal judges in the Western Cape provincial division have laid down guidelines on how eviction orders, in domestic violence matters, should be dealt with. Photo: Brian Turner via Flickr (CC BY 2.0) A magistrate ruled that a husband accused of […]

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Evictions in Alert Level 2

What is the state of play regarding evictions? Hurrah! We made it to Alert Level 2! The drinkers and smokers will be particularly happy, but so will the gym-goers, those with family in another province, everyone who wants to see their friends, and…landlords. Landlords? Not so fast. There is some relaxation of the rules governing […]

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Can a tenant win an eviction?

Can a tenant win an eviction? It depends. Usually no, but sometimes they can. When can they? When the landlord has not followed the legal eviction procedure. Can you give examples of this? When the landlord does not properly deliver written notices, otherwise known as eviction letters, to the tenant, before going to court. When the […]

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What is the eviction process in South Africa?

What is the eviction process in South Africa? A set of legal rules must be followed to legally evict anyone in South Africa. The general process can be found in the Prevention of Illegal Evictions Act. It is a complicated set of processes, best left to an eviction lawyer to help you with. Generally, the […]

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How much do attorneys charge for evictions?

How much do attorneys charge for evictions? The overall eviction costs depends on the facts, and the attorney’s approach. An experienced and ethical attorney, should first try to negotiate a successful eviction through pre-court mediation. This can be done if the attorney can persuade the tenant to leave voluntarily. An experienced eviction lawyer needs to […]

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