Evictions

Lawful eviction of residential and commercial occupiers, done correctly the first time.

In South Africa, an owner or landlord may not evict an occupier without a court order. Residential evictions must follow the procedure in the PIE Act, and mistakes in the process are a common reason for delays and failed applications.

Key principles

  • No self-help: changing locks, removing belongings or cutting off electricity or water without a court order is unlawful.
  • Cancel the lease first: a tenant only becomes an unlawful occupier once the lease has been validly cancelled or has ended.
  • Follow the PIE Act for residential occupiers, including special notice requirements.
  • Just and equitable: the court must be satisfied that eviction is just and equitable in the circumstances.

Residential and commercial evictions

The PIE Act applies to people occupying land or buildings as a home. Commercial premises occupied by businesses are usually dealt with through an ordinary application or action for ejectment, which is generally quicker.

Vulnerable occupiers

Where occupiers have been in occupation for longer periods, or the elderly, children or disabled persons are affected, the court considers the availability of alternative accommodation and may require a report from the municipality.

Who we help

We act for:

  • Landlords with tenants in rental arrears.
  • Owners of property occupied after a lease has ended.
  • Purchasers whose sellers or tenants refuse to vacate.
  • Commercial landlords with defaulting business tenants.
  • Trustees and executors dealing with occupied property.
  • Occupiers facing an unlawful or unfair eviction.

The eviction process

Five steps to a lawful eviction.

  1. Cancel the lease
    Send a breach notice where required by the lease, and then cancel the lease in writing.
  2. Application
    Issue an eviction application in the magistrates’ court or High Court.
  3. Section 4(2) notice
    For residential evictions, the court authorises a notice that must be served on the occupier and the municipality at least 14 days before the hearing.
  4. Hearing
    The court considers whether eviction is just and equitable and sets a date by which the occupier must vacate.
  5. Execution
    If the occupier does not leave by the date set, the sheriff carries out the eviction under a warrant.

Rental arrears can be claimed together with the eviction or separately. We advise on the most effective route for your situation.

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What to prepare

Documents that help us move quickly.

  • The lease agreement and any addenda.
  • Proof of ownership, such as the title deed.
  • A statement of arrears.
  • Breach and cancellation notices sent.
  • Details of the occupiers, including any children or elderly persons.

Common Questions

No. Locking out a tenant, removing their belongings or cutting off services without a court order is unlawful and can lead to a spoliation order against you.
An unopposed residential eviction can take a few months. Opposed matters, or those involving vulnerable occupiers, can take longer.
Generally, no. The PIE Act protects people occupying property as a home. Commercial evictions are dealt with under ordinary ejectment procedures.
Yes, provided you follow the correct procedure. Unlawful occupiers, including people who moved in without permission, can only be evicted by court order.
The court may order the occupier to pay legal costs, but recovering them depends on the occupier’s means.

NEED TO EVICT AN OCCUPIER?

We handle residential and commercial evictions correctly and efficiently, avoiding costly procedural mistakes.

Read more: Property and construction disputes

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This page is general information and not legal advice.

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