How to Evict a Tenant
Importance of following the correct eviction process
The correct tenant eviction process needs to be followed in order for an eviction to be lawful. If the attempted eviction is done incorrectly, as per the Prevention of Illegal Eviction Act (PIE), then this will at the very least cause costly delays, and at worst the landlord can be imprisoned.
If you are a tenant facing eviction papers
If you are the tenant or occupier, the starting point is simple: your landlord cannot remove you, change the locks or put your possessions out without a court order. An eviction application is not the same thing as a sheriff arriving to remove you. It is the court process where you can still check the papers, raise a defence and put your personal circumstances before the court.
- Check whether the lease was properly cancelled. A breach notice or cancellation letter is different from a court order.
- Check the PIE papers and hearing date. In ordinary PIE proceedings, written and effective notice must be served at least 14 days before the hearing.
- Read the grounds for eviction. The papers should explain why the landlord says you are an unlawful occupier and what order is being requested.
- Prepare your defence or settlement position early. Relevant facts may include payment disputes, repairs, children, elderly or disabled occupants, alternative accommodation, and whether the municipality has been notified where required.
- Act immediately if there has been self-help. If you were locked out, disconnected, intimidated or your possessions were removed without a court order, start with our mandament van spolie guide and tenant rights hub.
If the dispute is about rent, deposits, repairs or unfair lease conduct, the Rental Housing Tribunal may help with the underlying complaint, but it does not replace the court process where an eviction order is sought. For the full landlord-side PIE process, see SD Law’s eviction process guide and Eviction Lawyer’s eviction process page.
Types of tenant evictions in South Africa
There are 3 tenant eviction procedures:
1. Normal eviction process
2. Urgent eviction process
3. Organs of state specialised eviction process
If you can prove, among other things, that imminent harm will be caused by your tenant, if they are not quickly evicted, then an Urgent Eviction may be available to you (contact us for “urgent eviction” implementation)
Complete guide (recommended starting point):
For a consolidated, attorney-written eviction guide (PIE Act procedure, Sheriff service, municipal notice, timelines, costs, urgent eviction, and landlord/occupier “traps”), see:
https://www.sdlaw.co.za/evictions-south-africa/
This is the best page to read first if you want a full process overview before drilling into individual scenarios.
Eviction step by step
The process begins when the tenant seriously breaches the lease agreement and follows these steps:
- Landlord serves notice to the tenant to rectify the breach.*
- If the breach is not rectified, the landlord can terminate the lease contract.**
- Landlord gives notice to the offending tenant of the intention to evict the tenant through the courts.
- Landlord applies to court to have a “tenant eviction order” issued to the tenant.
- The court issues the “Tenant eviction order” to the tenant and the municipality that has jurisdiction in the area 14 days before the court hearing.
- Court hearing occurs where the tenant needs to prove a valid defence.
- If there is a valid defence, then a trial date is set. If there is no valid defence, a “warrant of eviction” is issued to the sheriff giving authorisation for the sheriff to remove the tenant’s possessions from the premises.***
- A trial begins or the court sheriff removes the tenant’s possessions from the premises