The repercussions of the Covid-19 lockdown have left many individuals and companies in dire straits.
While companies have resorted to restructuring programmes or have applied for business rescue in order to survive these tough economic times, these options are not available to ordinary citizens who have to survive on a single income.
The Record has received numerous letters from tenants accusing landlords of enforcing evictions during these times that have been devastating for most. Loss of income has been attributing to this challenge. But by law, does your landlord have the right evict you?
Well, according to the Eviction Guide, published by Reclaim the City, a “Cape Town-based movement of tenants and workers campaigning to stop displacement from well-located areas and secure access to decent affordable housing for all”, courts may grant evictions during lockdown Level 3.
The Guide stipulates the following:
- Landlords can make applications at court to evict tenants during Level 3.
- It IS possible for courts to hear eviction applications during lockdown Level 3 under certain circumstances.
- The sheriff will not execute an eviction order until the end of Level 3 unless the court has said that it is ‘just and equitable’ to do so.
Attendance at court:
- No member of the public will be allowed into court – only legal practitioners, the parties to the matter, presiding officer and court staff.
- Legal practitioners can still go to court to file documents in existing matters but only if necessary.
- The courts will only hear urgent applications, bail applications and appeals or matters relating to violations of liberty, domestic violence, maintenance and matters involving children.
For more information on evictions and to oppose an eviction order, visit www.evictions.org.za, or seek legal advice from an attorney.
