Eviction & Landlord’s Rights in South Africa
Focus on Eviction
There are many resources about a landlord’s obligations, duties and responsibilities. Yet it is difficult to find helpful information that also talks about the landlord’s rights, specifically as they relate to evictions.
We understand that landlords want information quickly and easily. This is why Eviction Lawyers South Africa provides simple and concise eviction information to help landlords in the eviction process.
We invite you to contact us for tailored advice on how best to handle your eviction process, and find out why you should hire us to handle your evictions.
Quick answer: what rights does a landlord have in an eviction?
A landlord has the right to enforce the lease, claim arrears, cancel the lease where the law allows it, and approach a court for an eviction order. Those rights do not include self-help. A landlord may not change locks, remove a tenant, cut off essential services or remove possessions simply because rent is unpaid or the relationship has broken down.
- For the full court process, use Eviction Lawyer’s eviction process page and SD Law’s 2026 eviction guide.
- For timing and sheriff enforcement, see the eviction timeline and sheriff guide.
- For tenant protections, including lockouts and unlawful self-help, use the tenant rights hub.
- For arrears and goods on the premises, the technical landlord-side topic is the landlord’s tacit hypothec.
Landlord Eviction Rights and Obligations FAQs
Below are answers to Frequently Asked Questions (FAQs) about a Landlord’s Rights and Obligations in South Africa.
What types of evictions can a landlord use?
There are 3 possible tenant eviction processes that can be followed. Each process has different requirements and conditions.
Can a landlord’s relative apply to evict a tenant?
To evict a tenant, a person must either be the owner of the property or someone who has a special power of attorney from the owner. These are the only people who can make an application to court to evict a tenant.
Where can a landlord find out more about the eviction process?
Here is some great information about the tenant eviction procedure.
What happens if a landlord evicts a tenant without a court order?
An unlawful eviction can expose the landlord to criminal and civil consequences. The safe rule is simple: do not remove the tenant, change locks or interfere with occupation unless a competent court has granted the necessary order.
Does the landlord have the right to change the locks of the property to prevent a troublesome tenant from accessing the premises?
No.
Can a landlord evict a tenant?
Yes, but a landlord can only evict a tenant with a court order after following the correct eviction process.
Does the landlord have the right to remove the tenant from the property when an eviction order is issued?
No. Only the court sheriff can remove an unlawful occupier from the property.
Does a tenant have the landlord’s consent to reside on a property if the landlord has not expressly given this permission?
Yes. The courts may consider that the landlord gave consent if the occupier(s) openly resided or occupied the relevant property for one continuous year. It is not necessary for the landlord to have given express written or spoken permission. This is known as tacit permission.
Does a landlord have the right in South Africa to take a tenant’s possessions as payment for the outstanding rent owed?
No. A landlord should not simply take or remove a tenant’s possessions as payment for arrears. A landlord may sue for arrears and, in appropriate circumstances, seek legal advice on the landlord’s tacit hypothec or a court order relating to movable goods. This is a technical remedy; it should not be treated as permission for self-help.
A landlord should know what a tenant’s rights are in the eviction process.
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