How to Legally Evict a Tenant in South Africa: Step-by-Step 2026 Guide

Evicting a tenant in South Africa is one of the most stressful situations a landlord can face. Whether your tenant has stopped paying rent, violated the lease, or simply refuses to leave after the lease has expired, one thing is clear: self-help eviction is illegal.

You cannot change the locks. You cannot cut the electricity. You cannot remove a tenant’s belongings. Doing any of these things — no matter how justified you feel — can land you with criminal charges and civil liability.

This guide walks you through the legal eviction process in South Africa, step by step.

Why Self-Help Eviction Is Illegal

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act, Act 19 of 1998) makes it a criminal offence to evict anyone without a court order. This applies regardless of whether the person is a tenant, a subtenant, or an unlawful occupier.

Penalties for illegal eviction include:

A fine
Imprisonment of up to two years
Civil claims for damages from the evicted person

The PIE Act exists to prevent homelessness and ensure that evictions are conducted with due process. Even if a tenant is in clear breach of the lease, you must follow the legal route.

Grounds for Eviction

Before starting the process, make sure you have valid grounds. Common grounds include:

Non-payment of rent — the tenant is in arrears and has failed to remedy the breach after written notice
Breach of lease — the tenant has violated a material term of the agreement (subletting without permission, conducting illegal activity, causing damage)
Expiry of lease — a fixed-term lease has ended and the tenant refuses to vacate
Cancellation under the CPA — the tenant or landlord has cancelled the lease in terms of the Consumer Protection Act

If the tenant is on a month-to-month lease and you simply want them to leave, you must give one calendar month’s written notice (served on or before the first of the month).

Step-by-Step Legal Eviction Process

Step 1: Send a Written Breach Notice

Before you can apply to court, you must give the tenant a written notice to remedy the breach. This is often called a “letter of demand” or “breach notice”.

The notice must:

Be in writing (email is acceptable but registered mail is safer)
Clearly describe the breach (e.g. “rent for January 2026 in the amount of R8,500 remains unpaid”)
Give the tenant a reasonable period to remedy the breach — typically 20 business days for CPA-regulated leases, or the period specified in the lease (often 7-14 days)
State that failure to remedy the breach will result in cancellation of the lease and legal proceedings

Keep proof of delivery. You will need this for court.

Step 2: Cancel the Lease

If the tenant fails to remedy the breach within the notice period, you may cancel the lease. Send a written cancellation notice stating:

The lease is cancelled with effect from a specific date
The tenant must vacate the property by that date
Failure to vacate will result in an application for eviction

Step 3: Attempt Mediation (Optional but Recommended)

Before going to court, consider mediation through the Rental Housing Tribunal. Tribunal proceedings are:

Free for both parties
Faster than court (usually a few weeks vs several months)
Binding — rulings can be enforced through the Magistrate’s Court

Mediation is particularly useful when the tenant is willing to negotiate (e.g. a payment plan for arrears) but the relationship has broken down.

Step 4: Apply to Court for an Eviction Order

If the tenant still refuses to leave, you must apply to the Magistrate’s Court (or High Court) for an eviction order under the PIE Act.

Your application must include:

A copy of the lease agreement
The breach notice and proof of delivery
The cancellation notice and proof of delivery
An affidavit describing the circumstances
Details of the occupants (including whether there are children, elderly persons, or disabled persons — the court considers this)

The court will set a hearing date. Both the landlord and tenant will have the opportunity to present their case.

Step 5: Attend the Court Hearing

At the hearing, the court will consider:

Whether proper notice was given
Whether the eviction is “just and equitable” under the circumstances
The rights and needs of the occupants (especially vulnerable persons)
Whether alternative accommodation is available
The duration of the occupation

If satisfied, the court will issue an eviction order specifying the date by which the tenant must vacate.

Step 6: Execution by the Sheriff

If the tenant does not vacate by the date in the court order, the sheriff of the court will execute the eviction. Only a sheriff may physically remove a tenant and their belongings from the property.

You may not take matters into your own hands at any stage of this process.

How Long Does Eviction Take?

Eviction timelines vary significantly depending on the complexity of the case and the court’s schedule:

Breach notice period: 7-20 business days
Mediation (Tribunal): 2-6 weeks
Court application to hearing: 4-12 weeks
Court order to sheriff execution: 2-4 weeks

In total, a straightforward eviction from first notice to physical removal typically takes 3-6 months. Complex cases — especially those involving vulnerable occupants — can take longer.

What Does Eviction Cost?

Eviction is not cheap. Typical costs include:

Attorney’s fees: R8,000-R25,000 depending on complexity
Court fees: R500-R2,000 for filing and service
Sheriff’s fees: R2,000-R5,000 for execution
Lost rent: 3-6 months at whatever the monthly rental amount is

For a property renting at R10,000/month, a contested eviction can easily cost R50,000-R80,000 when you factor in legal fees and lost rent. This is precisely why proper tenant screening is so critical — prevention is far cheaper than cure.

What to Do When a Tenant Stops Paying but Won’t Leave

This is the most common eviction scenario. Here is your action plan:

Contact the tenant immediately — sometimes it’s a temporary financial difficulty and a payment plan can be arranged
Send the breach notice on day one of default — don’t wait months hoping they’ll catch up
Document everything — save all messages, emails, and payment records
Don’t accept partial payments after cancellation — this can inadvertently reinstate the lease
Apply to court promptly — every month you delay is another month of lost rent
Lodge a Tribunal complaint in parallel — the Tribunal can sometimes expedite resolution

Alternative Dispute Resolution

Not every non-payment situation requires court. The Rental Housing Tribunal offers free dispute resolution that can result in:

A mediated payment plan
A binding order for the tenant to vacate by a specific date
Compensation for the landlord

Tribunal proceedings are less adversarial than court and can preserve a workable relationship if the tenant is experiencing temporary hardship.

How Screening Reduces Eviction Risk

The best eviction is the one you never have to deal with. Thorough tenant screening dramatically reduces the likelihood of non-payment and breach:

Credit checks reveal existing debt burdens and payment history
Employment verification confirms stable income
Affordability analysis ensures rent is within the tenant’s means (the 30% rule)
Previous landlord references expose repeat offenders
Behavioural risk scoring identifies patterns that predict future defaults

Indlu’s AI-powered screening combines all of these into a single, automated process — giving you a comprehensive risk profile before you hand over the keys.

Frequently Asked Questions

Can I evict a tenant who is paying rent but breaking other lease terms? Yes, if the breach is material. Non-payment is the most common ground, but persistent noise violations, illegal activity, unauthorised subletting, or significant property damage are all valid grounds for eviction.

What if the tenant has children? The court is required to consider the best interests of children when granting eviction orders. This doesn’t mean eviction is impossible — it means the court may allow a longer vacating period or require the municipality to assist with alternative shelter.

Can a body corporate evict a tenant? A body corporate cannot evict a tenant directly, but it can take action against the landlord (the unit owner) for the tenant’s breach of conduct rules. The landlord would then need to evict the tenant.

Is it true that you can’t evict in winter? No. There is no legal prohibition on winter evictions. However, courts may take weather conditions into account when setting vacating dates, particularly for vulnerable occupants.

Can I claim lost rent from the tenant after eviction? Yes. You can pursue a separate civil claim for arrear rent and damages. In practice, recovering money from a tenant who couldn’t afford rent in the first place can be difficult, which again underscores the importance of screening.

Screen tenants before it’s too late — Indlu’s AI screening catches red flags others miss. Start screening from R99/mo.