Challenges of eviction

A reader asks: I bought a repossessed house two years ago and paid the transfer costs. But now the previous owner will not vacate the house. The lawyer I am using is dragging his feet for an eviction order. What can I do?

Maya replies:
The Constitution does not allow you to throw someone out of their home, even if the person is occupying it illegally. Therefore you need to follow the process set out in the Prevention of Illegal Eviction Act (PIE), which requires you to obtain an eviction order and provide 10 days’ notice. If transfer has taken place you have a strong case for eviction. Probably your only recourse at this stage is to find a new lawyer. Also be aware that there are backlogs in some magistrate’s courts, which may affect the eviction notice.

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Maya Fisher French
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