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Practice area

Eviction and Property Law Attorneys

PM & Co assists landlords, owners, tenants and occupants with lawful, practical solutions to eviction, lease and property disputes.

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Legal context

Evictions & Property Law

Evictions and property law deals with residential and commercial occupation disputes, lease enforcement, unlawful occupation, rental arrears, access disputes and ownership-authority issues linked to occupation or recovery of possession. The correct procedure is often as important as the merits of the matter. A missed notice, incorrect court process or poorly drafted document can affect the client's legal position, costs and available remedies.

The main legal framework includes the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 for residential unlawful occupation, the Rental Housing Act, lease law, court rules, municipal considerations and ownership-authority documents where the right to occupy or recover possession is disputed. Depending on the issue, the matter may involve the Magistrates' Court, High Court, Rental Housing Tribunal or municipal processes. The correct route must be selected at the start because notices, occupation facts and jurisdiction affect the remedy.

Clients usually need an attorney when a tenant does not pay, an occupant refuses to vacate, a lease is disputed or cancelled, a purchaser or seller breaches a property agreement, or urgent access, damage or occupation issues arise. Early legal input helps identify the client's rights, the correct process, the evidence needed and whether negotiation, mediation, urgent relief or formal proceedings are appropriate.

PM & Co assists with evictions, occupation, lease, rental and property-related disputes. The firm does not provide conveyancing or property-transfer registration services.

How PM & Co can help

  • Advise on lease cancellation, rental arrears and notice requirements.
  • Prepare eviction applications in the correct court and format.
  • Respond to eviction papers and protect procedural rights.
  • Assist with rental claims, damages and settlement agreements.
  • Advise on property occupation, lease cancellation, access and ownership-authority disputes.

Common matters we assist with

  • Residential and commercial eviction matters.
  • Rental arrears and lease cancellation.
  • Unlawful occupation and refusal to vacate.
  • Deposit, damages and inspection disputes.
  • Disputes arising from sale agreements, occupation dates and occupational rental.
  • Access, lockout and utilities disputes.
  • Property-related settlement and vacate agreements.

When to seek legal help urgently

  • An eviction application has been served.
  • A landlord has changed locks, cut utilities or removed possessions.
  • An occupant refuses to vacate after lawful cancellation.
  • Property is being damaged or unlawfully sublet.
  • Occupation remains disputed after a sale agreement or cancellation.
  • Municipal services, access or safety are affected.

Legal framework

The right route matters.

Legal matters often turn on the correct statute, court process, notice, evidence and deadline. PM & Co uses the consultation to understand your story first, then connects the legal framework to your specific facts and documents.

What happens next

A structured route from concern to action.

Speak to PM & Co before taking eviction steps or responding to eviction papers.

  1. 01

    Step 01

    We establish who owns or leases the property and who occupies it.

  2. 02

    Step 02

    We review notice, cancellation and arrears documents.

  3. 03

    Step 03

    We advise on the correct court process and evidence.

  4. 04

    Step 04

    We prepare or oppose eviction proceedings or negotiate a structured settlement.

  5. 05

    Step 05

    We assist with enforcement only through lawful procedures.

Documents checklist

Documents that may later assist

For the first consultation, the most important thing is to explain what happened, what outcome you need and whether there are urgent dates. After we understand the matter, we will confirm which documents are actually required.

  • Lease agreement, addenda, renewal documents and house rules.
  • Proof of ownership or authority, if owner-related.
  • Rental statements, payment proof and arrears calculation.
  • Breach notice, cancellation notice and demand letters.
  • Proof of service or delivery of notices.
  • Occupant details, number of occupants and whether children, elderly or vulnerable persons are present.
  • Photos, inspection reports, damage reports and repair quotes.
  • Municipal account, utilities records and service complaints.
  • Deposit records and ingoing/outgoing inspection forms.
  • Any court papers, sheriff's returns or prior settlement agreements.

This content is general information about eviction and property law. It is not legal advice and should not be relied on without reviewing the lease, notices, occupation facts and court papers.

Questions clients ask

Evictions & Property Law FAQs

Can a landlord evict a tenant without a court order?

No. A landlord should not use self-help such as changing locks, removing belongings or cutting services to force a person out. Eviction must follow lawful process and generally requires a court order. Unlawful action can expose a landlord to counterclaims and urgent proceedings.

What is the PIE Act?

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act regulates eviction from homes and requires a court to consider lawful procedure and whether eviction is just and equitable. It applies even where occupation began under a lease that later ended.

How much notice must be given before eviction?

Notice depends on the lease, the breach, cancellation requirements and the eviction procedure. PIE matters include specific service and notice steps after proceedings are launched. An attorney should check the lease and facts before any notice is sent.

Can a tenant be evicted for non-payment of rent?

Non-payment can justify cancellation if the lease and law are followed, but eviction still requires proper procedure. The landlord must prove the lease, arrears, cancellation and unlawful occupation. Settlement may be considered where payment and vacating can be structured.

Can a tenant defend an eviction?

A tenant or occupier may oppose eviction if cancellation is disputed, procedure is defective, arrears are incorrect, the landlord lacks standing, or relevant circumstances must be placed before the court. The defence must be supported by facts and documents.

What about commercial evictions?

Commercial eviction disputes are often driven by the lease terms, cancellation, arrears, damages and business occupation issues. PIE may not apply in the same way to purely commercial premises, but lawful process is still required. The correct court and procedure must be selected.

Can utilities be disconnected for arrear rent?

Disconnection is legally risky and depends on the lease, service arrangement, municipal rules and court orders. Landlords should obtain advice before disconnection, and occupants facing disconnection should seek urgent assistance.

What happens after an eviction order is granted?

The order will usually set a date to vacate and may authorise the sheriff to evict if the occupier does not leave. Enforcement must follow the order and sheriff's process. Parties should understand costs, storage and practical arrangements.

Can an owner claim damages as well as eviction?

A landlord or owner may claim arrear rental, occupational damages, property damage and legal costs where supported by evidence. The eviction process and monetary claim may be handled together or separately depending on procedure and forum.

Should I sign a vacate agreement?

A vacate agreement can avoid litigation if it is clear, realistic and enforceable. It should deal with dates, arrears, deposit, utilities, access, keys, inspection and consequences of default. Legal review is recommended before signing.

Let us help you choose the right next step.

Share the documents you have, the deadline you are facing and the outcome you need. PM & Co Inc Attorneys will guide you to the correct consultation route.

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