Eviction: What Landlords and Tenants Should Know

Getting an eviction notice can make your stomach drop. Where will you go? What about the children? And if you are a landlord with a tenant who is not paying, you may feel equally stuck. The good news is that South African law sets out a clear process, and it protects both sides.

What is happening

The Constitution says nobody may be evicted from their home without a court order, made after the court has considered all the relevant circumstances. The main law for evictions from homes is the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, known as the PIE Act. The Rental Housing Act 50 of 1999 also sets rules for landlords and tenants. Different rules can apply on farms and in some rural areas.

For a lawful eviction, the landlord usually has to:

1. End the lease lawfully. This normally means giving notice that the tenant is in breach (for example, unpaid rent) and time to fix it, and then cancelling the lease, or letting a fixed-term lease expire.
2. Apply to court. If the tenant does not leave, the landlord applies to the magistrate's court or high court for an eviction order.
3. Give proper notice of the court case. The court must make sure the tenant and the municipality receive written notice of the hearing, at least 14 days beforehand.
4. Let the court decide. The court decides whether eviction is "just and equitable", looking at things like how long the person has lived there, and whether there are children, older persons, people with disabilities or households headed by women. The court sets a date by which the tenant must leave.
5. Sheriff carries out the order. Only the sheriff can remove people and belongings, and only after the court order.

A landlord may not change the locks, remove doors or windows, cut off water or electricity, or throw out belongings to force a tenant out. These are illegal, and a tenant can go to court urgently to be let back in.

Is this you?

• You have received a letter telling you to leave your home
• You are behind on rent and worried about being evicted
• Your landlord is threatening you, or has cut off services
• You are a landlord with a tenant who is not paying or not leaving
• You live in an informal settlement or on land where you are told to move
• You are not sure whether the notice you received is legal

30-second self-check

Answer yes or no to each question.

• Have you received a written notice to leave or a letter of demand?
• Are you behind on rent by more than one month?
• Has your landlord cancelled the lease?
• Have you received court papers about an eviction?
• Has your landlord cut services or threatened to remove you?
• Do you have nowhere else to go if you had to move?

0-1 yes: You are not facing eviction yet. Keep up with rent where you can and keep records.
2-3 yes: Take this seriously now. Talk to your landlord in writing and get advice.
4 or more yes: Get legal help urgently, especially if you have court papers. Do not ignore them.

What you can do next

• Today: Read every letter carefully. Write down the dates on any court papers. If you have been locked out or had services cut, get help immediately.
• This week: Contact Legal Aid SA, a law clinic or your province's Rental Housing Tribunal. If you owe rent, try to agree a written payment plan.
• This month: If there is a court hearing, attend it. Tell the court about your circumstances: children, illness, job loss, where you could go.
• Keep copies of your lease, receipts and all messages with the landlord.
• If you are a landlord, follow the process. Taking the law into your own hands can lead to a court order against you.
• Pay what you can and keep proof. It shows good faith.

Your tool

Eviction Risk Check - a private check that shows how urgent your housing situation is, whether the process followed so far looks lawful, and where to get help first.

When to get professional help

Get legal help as soon as you receive court papers, or if you are locked out or have services cut. Court papers come with deadlines, and missing a hearing can mean an order is made without your side being heard.

Who can help: Legal Aid SA, attorney, university law clinic, mediator, Rental Housing Tribunal, social worker

Getting help in South Africa

Every province has a Rental Housing Tribunal, which resolves landlord and tenant disputes for free. Legal Aid SA (legal-aid.co.za) assists qualifying people with eviction matters. University law clinics, community advice offices and organisations working on housing rights can also help. Your municipality must be told about eviction applications and may have to consider emergency accommodation in some cases.