@define('title', 'Evidence Gathering Guide - Illegal Evictions') Illegal Evictions - Protect Your Rights
IE IllegalEvictions
Evidence Manual

Evidence Gathering Guide

In legal disputes regarding unlawful evictions, the quality of your evidence determines the strength of your case. Under the **Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act)**, landlords cannot act without a court order. Follow this step-by-step manual to gather and protect critical evidence.

1. Changed Locks / Access Denial

If a landlord, agent, or caretaker changes the locks to your flat, house, office, or gate, or denies you entry into a security complex:

  • Take high-quality photos and videos of the new lock cylinders or keys.
  • Record a video attempting to open the door with your old keys showing they no longer fit.
  • If a security guard or building manager denies you access at the entrance, record a video of the interaction (politely asking for their name and the reason they are denying you entry).
  • Note the exact date, time, and names of individuals present.

2. Electricity or Water Disruption

It is a criminal offense under the Rental Housing Act to cut off utilities without a court order. If this occurs:

  • Record a video showing active light switches, prepaid meters, or faucets yielding no water.
  • Check with neighbors to verify if the outage is building-wide/municipal or specific only to your unit. Video record the neighbor's lights functioning if possible.
  • Take a photo of your prepaid meter showing loaded token credits but zero electrical input.
  • Retain all municipal statements proving your rent or utility portion was paid.

3. Correspondence & Harassment Logs

Written evidence is highly valued in court. Keep a pristine record of all threats or demands:

  • Save all SMS, WhatsApp messages, emails, or letters containing demands for immediate lockout or eviction.
  • Under South Africa's RICA regulations, single-party consent applies. You are legally allowed to record your phone calls with the landlord/agent as long as you are a participant in the call.
  • Maintain a chronological journal of all verbal threats, phone calls, and physical interactions.

4. Proof of Lease and Payments

Establish your lawful tenancy and payment history:

  • Keep a copy of your signed lease agreement backed up digitally (e.g. Google Drive/Email).
  • Compile bank statements showing regular monthly rental transfers, even if you are currently in arrears.
  • If payments were made in cash, compile copies of all receipts signed by the landlord/agent.

Need a Court-Ready Evidence Trail?

Our 5-Day Communication Blitz contacts your landlord daily, formally warns them of the legal implications under the PIE Act, and logs every single call, SMS, and email. This log is compiled into a formal PDF report that you can present directly to the police or a judge as evidence of your attempts to resolve the dispute.

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