Evictions
There is a lawful way to do this. There is no fast way.
Eviction in South Africa is a court process and only a court process. Changing the locks, cutting the power or removing possessions is unlawful regardless of how far behind the rent is, and it converts a landlord with a strong case into a defendant. The lawful route is slower than anyone wants — and it is the only one that ends.
Handled by Mandy Jay · 34 years in practice
The situation
What people are dealing with
- Rent has not been paid for months and the bond still has to be serviced every month.
- The lease ended and the tenant simply stayed.
- You have been told to just lock them out, and you can sense that is wrong.
- You are the occupier, a notice has arrived, and you do not know what rights you actually have.
What the law says
What the law actually says
- PIE requires a court order before anyone is evicted from a home. Self-help — locks, utilities, removing belongings — is unlawful and exposes the landlord to urgent proceedings and damages.
- The court must be satisfied the eviction is just and equitable, and must consider the occupiers’ circumstances, particularly where children, the elderly or households headed by women are involved.
- The municipality often has to be joined where alternative accommodation may be needed. This is a common reason eviction applications are delayed or struck.
- Rural and farm occupiers may fall under ESTA rather than PIE, which has different requirements again. Getting the statute wrong restarts the process.
How we handle it
- 01
Establish the basis
Lease or no lease, which statute applies, who is actually in occupation, and whether anyone in the household triggers additional protections.
- 02
Notice and cancellation
Proper notice, properly given. A large share of failed eviction applications fail at this step rather than on the merits.
- 03
Application to court
The PIE application, service on the occupiers, and joinder of the municipality where the circumstances require it.
- 04
Order and execution
The court sets a date for vacating. Only after that, and only through the sheriff, can the eviction actually be carried out.
What it costs
We will be blunt about the economics: an eviction usually costs more and takes longer than the arrears being chased, and the money owed is frequently never recovered. The realistic goal is normally to get the property back and re-let it. If someone has told you this is quick and cheap, they are selling something.
What moves the number
- Whether the occupiers oppose the application
- Whether the municipality must be joined and how quickly it responds
- Which court, and whether PIE or ESTA applies
- Whether arrears are pursued as a separate claim alongside the eviction
How long it takes
An unopposed eviction commonly takes several months. An opposed one, or one where the municipality must be joined, takes considerably longer. Anyone promising weeks is describing something unlawful.
Common questions
Evictions
Can I change the locks or cut the electricity?
No. It is unlawful regardless of how much is owed, and it is the fastest way to turn a strong case into a losing one — the occupier can approach court urgently and you can be ordered to restore possession and pay costs.
How long does an eviction actually take?
Months rather than weeks, and longer if it is opposed or if the municipality has to be joined. Building that into your planning from the start is more useful than being surprised by it later.
Can I recover the unpaid rent as well?
You can claim it, and we usually pursue it alongside the eviction. Whether you recover it depends entirely on whether the tenant has anything to attach, which is worth assessing honestly before spending more.
I am the tenant and I have received papers. What are my rights?
You are entitled to oppose, and to have the court consider your circumstances before making any order. There are also real protections around notice and procedure. Do not ignore the papers — an unopposed application is far easier to grant.