What the Law Says
Your Legal Foundation
PIE Act 19 of 1998
Sections 4 and 5
“No person may be evicted from their home except in terms of a court order. Any purported eviction or action designed to compel a person to vacate without a court order is unlawful.”
Constitution of South Africa
Section 26(3)
“No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances.”
Common Questions
Frequently Asked Questions
What if the landlord also removed my belongings?
This compounds the illegality. Removing an occupier's belongings without a court order is theft and/or malicious damage. You can lay criminal charges in addition to applying for an urgent interdict. You may also claim the return of your belongings or their replacement value.
I have no lease — can the landlord still not change my locks?
Correct. The PIE Act protects occupiers regardless of whether they have a formal lease. Even an oral agreement or simply being in occupation gives you PIE Act protection.
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