When dealing with eviction rulings and regulations, first need to understand which rules govern your agreement with either the landlord or the tenant in your case. Two of the most common types of evictions are residential and commercial evictions and while it may sound fairly straightforward it is important to understand the difference between commercial and residential eviction.
Home vs office evictions
Commercial Evictions Vs Residential Eviction
Residential and commercial evictions each have their own legislation and rules that govern the process and is not a one size fits all. If you ever wondered about what the difference between the two are, we will give you a short summary and break down of each one.
In South Africa, the High Court or Magistrates Court conduct commercial evictions, and they that’s why tenants of commercial property do not enjoy the project of the PIE act or ESTA. What the property is being used for is a determining factor in whether an eviction applies to the tenant or not.
Commercial eviction refers to the ejectment of persons from an office space, retail space or industrial space. In order to determine which is applicable, the ‘use’ of the space is taken into account and not zoning of the property or entity of the tenant.
- In the Magistrates Court, the process will take place in the form of a Summons being issued
- In the High Court, you can proceed with either a Summons or an Application. If there aren’t any disputes, the application route is a much quicker process.
However, the Consumer Protection Act can play a role in the eviction process if it has any bearing on the Lease Agreement. Certain tenants under the CPA may have extended time to remedy any breach of the agreement, and may even have the right to terminate a fixed term lease with 20 business day’s notice. Other tenants may be excluded from the CPA.
For more detailed infomration you can check read up on which Laws could Impact a Commercial Eviction
Residential Evictions in South Africa are governed by the PIE Act which helps regulate both lawful and unlawful eviction process. The Constitution states that no one may be eviction from a property without a court order and that’s why the right avenues should be followed.
Determine your case by checking which Acts are relevant to your situation. In terms of ESTA, only a Land Claims Court or a Magistrates Court has jurisdiction to hear an eviction matter, while in terms of PIE you must approach either the Magistrates Court or the High Court. It’s crucial to choose the right Act in order for a successful eviction process.
For more detailed infomration you can check read up on which Laws could Impact a Residential Eviction
If you found this post helpful we suggest you check out the following posts on the eviction process which will help you get a better understanding of the responsivities of each party and the role of a lawyer in the eviction process.
You can read more about the process of legal eviction in our list of articles on the topic:
If you need advice on screening prospective tenants for credit worthiness or keeping your own credit record clean, get in touch with Le Roux Attorneys.