Your landlord can't just evict you

The Constitution says no one may be evicted from their home without a court order. That protection applies whether you rent a flat, a room or a backyard cottage, and whether or not you are behind on rent.

What a lawful eviction looks like

1. The landlord must first lawfully end your right to stay, for example by cancelling the lease after giving you the notice the lease and the law require.
2. The landlord applies to court for an eviction order under the PIE Act.
3. You must receive written notice of the hearing at least 14 days before it takes place.
4. The court considers all the circumstances, including the rights of elderly people, children, people with disabilities and households headed by women, and whether alternative accommodation is available.
5. If the court grants the order, it sets a date by which you must leave. Only the sheriff may carry out the eviction.

What a landlord may not do

• Change the locks or lock you out.
• Remove doors, windows or your belongings.
• Cut off water or electricity to force you out.
• Threaten or harass you.

If this happens, you can apply urgently to court for a spoliation order, which restores your possession first and deals with the dispute afterwards.

What about unpaid rent?

Not paying rent can lead to the lease being cancelled and a lawful eviction, but the landlord must still follow the court process. The landlord can claim arrear rent separately. Tenants and landlords can also take disputes to the provincial Rental Housing Tribunal, which is free.

Received eviction papers?. Do not ignore them. Go to court on the date given, and ask for time to get legal help if you need it. You may qualify for assistance from Legal Aid South Africa.

General information about South African law, not legal advice. Read our disclaimer.