It's no secret that due to the current pandemic that we are facing, South African citizens are experiencing financial hardship. The ripple effect is that landlords aren't receiving their rent and may feel powerless.
With the current prohibition on evictions a competent court may direct and grant an order for eviction if it is found that it will not be just and equitable to curb the eviction order.
In terms of the applicable legislation a landlord must answer yes to the following questions before deciding to proceed with an urgent eviction application:
- Is there a real and imminent danger of substantial injury or damage to any person or property if the unlawful occupier is not forthwith evicted from the land;
- The likely hardship to the owner or any other affected person if an order for eviction is not granted, exceeds the likely hardship to the unlawful occupier against whom the order is sought, if an order for eviction is granted; and
- There is no other effective remedy available.
The three questions above is not exhaustive but will be the starting point in order to determine whether or not to proceed with an urgent eviction application. It is therefore of paramount importance to consult an attorney to obtain advice on your rights and the process to be followed.