If you've ever faced eviction, you'll know it's a demoralising process that can feel like there's no end in sight. A refugee living in South Africa who fled Cameroon, Lumumba Chia took control and prevailed over his eviction story. The good news is that you can also fight your eviction and win your case.
First, his landlord brought up false rent issues and said he needed to renovate the flat, so Lumumba would need to move out.
When the landlord's verbal instructions and intimidations didn't work, he sent Lumumba a Notice to Vacate. Many people give in at this point, although the law doesn’t oblige them to. This was just the beginning of Lumumba's eviction story of success.
Alone and afraid?
It can be even harder to understand your rights when you're a refugee, asylum seeker or migrant worker. You may be told, even by officials, that an outsider doesn't have the same rights as South African citizens. This can lead to feelings of fear and loneliness on top of the immediate challenge with your landlord.
Lumumba says that there is a lack of knowledge and information about your rights as a tenant and how to fight your eviction.
So, how did Lumumba trade in fear for success? By arming himself with information. Let's find out what resources Lumumba used next.
Know your rights as a tenant
You'll be confronted with legal documents and proceedings, and it can be confusing to understand what you're even signing or agreeing to.
Through a legal process that took nine months, he learned that the law could protect him.
He says his success was largely down to three things:
Lumumba also laid out some important advice if you're facing eviction. You may feel discouraged and depressed. There's no quick fix, but you have supportive structures you can use.
Your eviction story can be the start of taking back control.
If you've decided to fight your eviction, or your eviction story is just unfolding, it's important to remember that you're not alone and that your situation isn't unique.
Do you have more questions about how to fight your eviction? Take a look at the FAQs and Resources sections below.
FAQs: Know your rights
Constructive eviction is when your landlord tries to force you to leave your home by making your home hard to live in. Your landlord could do this by turning off your lights and water. It's illegal, and you should seek legal advice if this happens to you.
No. Receiving a Notice to Vacate doesn't mean you must leave your home. You can still try to resolve issues with your landlord, such as paying any outstanding rent. You may need to go to court if you can't resolve your issues. Going to court can be expensive and time-consuming. It's always recommended to settle any disputes without going to court.
You can take your issue to the Rental Housing Tribunal (RHT). The RHT investigates and tries to resolve your issue. Having your dispute heard is free and does not require a lawyer, although you can have one present if you want. A decision by the RHT carries the same weight as a court order, but the process is usually quicker.
You must read the court order immediately and very carefully. You must understand how an eviction is executed and what happens on the dates mentioned in the court order. At this stage, you'll know how long you have until you need to vacate the property. You must start looking for alternative accommodation immediately and prepare your belongings to be transported or stored.
