Evictions NOT a DIY job! What PIE Act means for owners and tenants

Thabo Shole-Mashao (standing in for 702 and CapeTalk’s Africa Melane) speaks to Gary Boruchowitz from Boruchowitz Attorneys.

Listen below:

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) protects people from being kicked out of their homes illegally.

If someone is living on the property unlawfully, for example, and has stopped paying rent, they cannot be removed by force.

The owner must go to court and obtain an eviction notice, and the court will determine whether the eviction is fair and reasonable.

RELATED: Tenant evictions in South Africa: Expert breaks down your rights

Boruchowitz says balancing the rights of the owner and tenants is difficult.

“You find very often that the Constitutional right of the property owner is being infringed and not the unlawful occupier… I am not sure the PIE Act has achieved what it was meant to do.” 

– Gary Boruchowitz, Boruchowitz Attorneys

This is prompting some property owners to take the law into their own hands by forcing tenants out, threatening them or cutting off services (spoliation).

“They are actually starting to spoliate (unlawful dispossession)… they are desperate to get unlawful occupiers off their property, both former tenants and hijackers.” 

– Gary Boruchowitz, Boruchowitz Attorneys

Scroll up to the audio player to listen to the discussion.