CRIMINAL OFFENCES: What happens if you interfere with a leased property? | How to evict tenants legally
- Property Protect
- Mar 19
- 3 min read
When dealing with a tenant who refuses to pay rent, you must obtain a court order to evict them legally. Some property investors are tempted to take the law into their own hands. But many don't realise that in South Africa, under the Prevention of Illegal Eviction and Unlawful Occupation of Land ("PIE") Act, it is actually a criminal offence to interfere with a tenant's use of a leased property - whether they have paid their rent or not.
Interference can take many forms, such as:
entering the property without permission,
changing the locks,
taking the doors off,
deciding you need to conduct "maintenance or repairs" on the property requiring the tenant to vacate,
shutting off utilities,
attempting to remove a tenant’s possessions, and
one of the most famous: sending in a new group of "tenants" to harass and intimidate the tenant.
ALL of the above actions constitute criminal offences in terms of the PIE Act, and offenders can face both a fine and jail time of up to two years.
And yes: the authorities have seen all these tricks before. The Rental Housing Tribunal and Courts regularly punish landlords who take the law into their own hands.
The principle behind these protections is simple: the lease creates a contractual and legal right for the tenant to occupy the premises. The landlord retains ownership, but cannot exercise control in ways that deprive the tenant of their rights. Courts enforce this distinction to prevent abuse of power and maintain fairness in landlord-tenant relationships. Tenants who experience interference with their lease can:
sue the landlord in Urgent Court for a spoliation order. If you dispossess the tenant of the property, the Court will give possession back to them, without enquiring whether their rent is paid or not. This can land you with a legal costs order against you of R100,000 or more.
press criminal charges against you. If you interfere with a tenant's use of a leased property in any way, it could constitute a criminal offence.
All it takes is one.
Many tenants know their rights, and they are able to use Legal Aid lawyers to help them take legal action against any landlord who commits a criminal act. All it takes is one angry tenant with a cellphone in hand, to film you changing the locks, or film the new tenants you have put in - and they'll have concrete evidence of a criminal action for which you will face imprisonment.
The message is clear: conduct your evictions properly and according to the law.
South Africa's history is one of fierce battle over land and property. The law has been designed to reflect this, and to accommodate the tenant, which it views as the underdog. Fair or not, the law is the law and the risk of committing a crime is great.
Fortunately, landlords don't have to take risk anymore. Property Protect helps you evict your bad tenant efficiently and affordably, without risk. Plus, it's cheaper than the cost to send in a bunch of "new tenants".
Evict your bad tenant the right way, with no criminal risk.
Sign up for Property Protect today.
The above information is for illustrative purposes only and does not take into account your specific circumstances. It therefore does not constitute legal or financial advice. Please contact us for comprehensive advice to address your circumstances. Under no circumstances should any person use the above information in an attempt to circumvent the provisions of legislation or contract, or to cause damage to any other person. Always ensure you and your company are in compliance with the law in all dealings. This information is accurate as of the date of publication. Property Protect is not insurance and does not pay out any claim amount. It is a Value-Added Service (VAS) provided at a discount, directly from our law firm. © 2026 Maybery Attorneys Inc. All rights reserved.
