When can I evict a tenant quicker than normal? How long does an eviction take?
- Property Protect
- Feb 27
- 3 min read
Updated: Feb 28
How long does an eviction take?
The normal eviction process takes at least 3-4 months and is mostly unavoidable. It takes around a month to serve the notices and application documents (because you have to allow your tenant time to respond). You then apply for a hearing date at court, and due to the congested state of the court rolls, you are given a date 2-3 months in the future. That means your tenant gets to stay in the property for another 3 months at least. Landlords need to understand and accept this reality, and act as quickly as possible to cut their losses.
BUT don't be tempted to take the law into your own hands - changing the locks or cutting off utilities without a court order are criminal offences which could land you in jail for up to two years. All it takes is one tenant who knows their rights, and you could be charged with a criminal offence.
So is there any way I can an eviction done quicker than normal?
In some cases it is possible to bring an Urgent Application to court, to evict your tenant quicker. But, as the Constitution of the Republic of South Africa specifically protects a person’s right to housing, it is in only a limited number of cases that urgent eviction proceedings can be instituted.
In order for a court to be satisfied that the eviction proceedings should be heard on an urgent basis, the court must be satisfied that:
There is a real or imminent danger of substantial injury or damage to a person or property. For example, that the tenant will damage your property. There must, however, be sufficient proof hereof.
The likely hardship of the landlord if an order is not urgently granted, compared to the likely hardship of the tenant. I.e. the landlord’s loss of income compared to the tenant’s right to housing.
There is no alternative remedy available. For example, the landlord’s only option is to proceed with an urgent application.
In light of the criteria above, it is clear that it is only in extremely limited and exceptional circumstances that a court will grant an eviction application on an urgent basis.
Our courts have, unfortunately, taken a stance that financial loss is not has harmful and imminent as the right to housing. This places the landlord in the unfortunate position where an application must be heard in the normal course and, pending the hearing of the application a tenant is stating in the premises “rent free”.
Due to the limited number of cases where an urgent eviction application will be warranted, it is important to consider proceeding in the normal course. The last thing you want is a scenario where the urgent application is dismissed due to lack of true urgency. This will then mean that more time is wasted as the application will need to be launched afresh.
Consequently, it is important to provide your attorney with all of the relevant information. Our eviction attorneys at Property Protect can advise you whether there is true urgency in your case.
Do you have an urgent eviction scenario? You need to act immediately. Book a consultation with us to determine your rights.
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. © 2026 Maybery Attorneys Inc. All rights reserved.
