RKM Attorneys

Ways to Evict a Tenant Legally in South Africa (Step-by-Step Guide for Landlords)

Learn the legal eviction process in South Africa under the PIE Act. Step-by-step guide for landlords by RKM Attorneys in Johannesburg.

The eviction process is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Failure to follow the proper legal process may result in the eviction being declared unlawful.

At RKM Attorneys & Associates Incorporated, we assist landlords and property owners in Johannesburg with lawful eviction applications through the Magistrates Court and High Court.

The estate must be reported within 14 days of death.

Step 1: Determine if the Occupier is Unlawful

A tenant becomes an unlawful occupier if:

The lease agreement has expired

The lease has been cancelled due to breach

Rent has not been paid

The tenant refuses to vacate the property

Once the tenant no longer has legal permission to occupy the property, an eviction application can be initiated.

Step 2: Issue a Notice to Vacate

Before approaching the court, the landlord should issue a formal notice to vacate the property.

The notice should:

State that the lease agreement has been cancelled.

Provide the tenant with a reasonable period to vacate.

Warn that eviction proceedings will follow if the tenant does not leave.

Step 3: Court Application for Eviction

If the tenant refuses to vacate, the landlord must approach the court.

Preparing a Notice of Motion.

Filing a Founding Affidavit.

Serving the application on the unlawful occupier.

Serving the municipality.

The court will then consider whether eviction would be just and equitable.

Step 4: Court Hearing

The court will review the circumstances of the occupiers, including:

Whether children or elderly persons live on the property

The duration of occupation.

Availability of alternative accommodation

If the court is satisfied that the eviction is lawful, it will grant an Eviction Order.

Step 5: Enforcement of the Eviction Order

Once the eviction order is granted:

The Sheriff of the Court will enforce the order.

The occupiers will be required to vacate the property.

If they refuse, the Sheriff may remove them from the premises.

Need Assistance with an Eviction Application?

Evictions require strict compliance with the law. An experienced attorney can ensure that the process is completed efficiently and lawfully.

RKM Attorneys & Associates Incorporated assists landlords and property owners with eviction applications in Johannesburg and across South Africa.