How does the eviction process work?
- Property Protect
- 6 days ago
- 3 min read
Updated: 5 days ago
How do evictions work? Evicting a tenant in South Africa is a legal process governed by strict laws designed to balance the rights of property owners with the constitutional right to housing. A landlord cannot simply remove a tenant for non-payment or breach of lease. An eviction must follow a formal court procedure, or it will be unlawful.
Grounds for eviction
A landlord may only apply for eviction in certain circumstances, for example if:
The tenant has failed to pay rent.
The lease has expired and the tenant refuses to leave.
The tenant has breached the lease agreement.
The property is occupied without consent (unlawful occupiers).
The tenant has caused serious damage to the property.
Before commencing with an application in court, a landlord must first cancel the lease in writing. The wording of one cancellation letter differs from the next depending on the terms of your lease agreement. This means that, prior to sending the letter, the terms of the lease agreement should be clearly understood. Failing to cancel in terms with the provision of the lease has sunk many eviction applications, forcing the landlord to start over and incur duplicated legal costs.
Court Applications
Next, the landlord must make several applications to court. Most courts nowadays interpret the PIE Act provisions such that more than one application is necessary. The timing of these applications must be carefully managed. There is a heavy burden on the landlord to prove that the balance of probabilities favour evicting the tenant!
Illegal Evictions
An eviction is illegal if:
It happens without a court order.
Utilities are cut off to force a tenant out.
Locks are changed without permission.
Property is removed without legal authority.
New tenants are placed into the property to harass the existing tenants.
Some landlords try these tactics to get tenants out, but it is extremely risky and can lead to a criminal conviction as well as imprisonment of up to two years. Don't take the risk - all it takes is one tenant who knows their rights to press criminal charges against you.
The Law is Against You
The law favours tenants, and judges are often lenient on tenants while setting high barriers to landlords for eviction applications to succeed. The eviction process takes at least three months - so you're likely to lose at least another three months' rent. That's why it's critical to cut your losses and start the eviction process as soon as possible. Landlords who try to risk DIY evictions may face having to start the process all over again due to one tiny technical error.
Do you have an eviction or rent collection problem? Get our free guide to handling tenants and evictions here.
The above information is for illustrative purposes only and does not take into account your specific circumstances. It therefore does not constitute legal 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. © 2025 Maybery Attorneys Inc. All rights reserved.
