How Do I Legally Evict a Tenant Who Is Not Paying Rent in South Africa?
Evicting a tenant who has stopped paying rent can be stressful, time-consuming, and costly if not handled correctly. In South Africa, eviction laws are clear, but the process is strictly regulated under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act).
Following the correct legal procedures is essential to avoid delays, additional costs, or even legal action against the landlord.
This guide explains how to legally evict a tenant who is not paying rent in South Africa, the exact steps you need to follow, common mistakes to avoid, and how the Landlords Association of South Africa (LASA) can assist you.
Understanding the Legal Framework for Evictions in South Africa
In South Africa, a landlord cannot simply change locks, remove belongings, or physically remove a non-paying tenant.
Doing so would amount to an illegal eviction, which can lead to criminal charges and fines.
The eviction process is governed mainly by:
- The Rental Housing Act 50 of 1999 – Protects the rights of both landlords and tenants.
- The PIE Act – Sets out the procedure for lawful eviction and protects unlawful occupiers from arbitrary removal.
- The Consumer Protection Act (CPA) – May apply to fixed-term leases where specific notice requirements are in place.
Step-by-Step Guide to Legally Evicting a Tenant Who Is Not Paying Rent
Step 1 – Confirm the Breach of Lease
The first step is to ensure the tenant is genuinely in breach of the rental agreement. A breach typically occurs when:
- Rent is not paid on the due date.
- The tenant fails to comply with other material obligations in the lease.
Check your lease agreement to see the exact terms for payment, penalties, and default notices.
Step 2 – Issue a Written Breach or Demand Letter
Once you confirm the breach, you must issue a written notice to the tenant demanding payment.
This notice should:
- Be in writing.
- State the breach (non-payment of rent).
- Provide the tenant a specific number of days to remedy the breach (usually 7 to 20 business days, depending on the lease and CPA).
- Be delivered according to the method stated in the lease (email, registered post, hand delivery).
Step 3 – Cancel the Lease if the Breach Is Not Fixed
If the tenant does not pay within the notice period, you may formally cancel the lease agreement.
A cancellation notice should:
- Be in writing.
- State that the lease is terminated due to non-payment.
- Demand that the tenant vacate the property by a specific date.
Once the lease is cancelled, the tenant becomes an unlawful occupier under the PIE Act.
Step 4 – Apply to Court for an Eviction Order
Even after cancelling the lease, you cannot remove the tenant yourself. You must apply to the court for an eviction order.
This involves:
- Filing an application at the Magistrate’s Court or High Court with jurisdiction over the property.
- Providing evidence of the breach, notices served, and the lease cancellation.
- Ensuring the application complies with the PIE Act’s requirements.
Step 5 – Serve the Eviction Application
The court will issue a Notice of Motion for eviction. This must be:
- Served on the tenant by the sheriff of the court.
- Served on the local municipality (as required by the PIE Act).
The notice must give the tenant at least 14 business days’ notice before the court hearing.
Step 6 – Court Hearing and Order
At the hearing, the court will:
- Consider whether the eviction is just and equitable.
- Check that the correct procedures were followed.
- Grant an eviction order with a specified date for the tenant to vacate.
Step 7 – Enforcement by the Sheriff
If the tenant still refuses to leave after the court-ordered date:
- The sheriff will physically remove the tenant and their belongings.
- The property will then be returned to the landlord.
Only the sheriff may carry out the eviction, never the landlord.
Common Mistakes Landlords Make When Evicting Tenants in South Africa
- Attempting self-help evictions – Changing locks or cutting utilities is illegal.
- Notices must comply with the lease, CPA, and PIE Act.
- Skipping the court process – Eviction without a court order is unlawful.
- Poor record-keeping – Always keep proof of payments, notices, and communications.
How the Landlords Association of South Africa (LASA) Can Help
The Landlords Association of South Africa offers members:
- Direct access to specialist eviction attorneys who understand the PIE Act and Rental Housing Act.
- Templates for notices such as breach letters, lease cancellations, and demand letters.
- Step-by-step guidance on complying with all legal requirements.
- Discounted legal fees for eviction cases.
- Latest lease agreements that protect landlords from common disputes.
Whether you own one property or an extensive portfolio, LASA ensures you are legally protected and supported throughout the eviction process.
Practical Tips to Avoid Non-Payment Issues in the Future
- Screen tenants thoroughly before signing a lease.
- Use a comprehensive written lease that includes clear payment terms and penalties.
- Monitor payments closely and act quickly when rent is overdue.
- Consider a rental insurance policy to protect against tenant defaults.
Why Legal Compliance is Critical
Failure to follow the lawful eviction process in South Africa can result in:
- Criminal charges under the PIE Act.
- Civil claims for damages by the tenant.
- Significant delays in regaining possession of your property.
A lawful eviction protects your investment, ensures you recover your property, and avoids unnecessary legal disputes.
Final Word on How to Legally Evict a Tenant Who Is Not Paying Rent in South Africa
Evicting a non-paying tenant is never pleasant, but when handled legally and systematically, it protects your rights as a landlord and ensures you regain control of your property.
The process involves serving the correct notices, cancelling the lease, applying to court, and allowing the sheriff to enforce the eviction order.
With expert legal support from the Landlords Association of South Africa, landlords can navigate this process efficiently and with confidence.
Don’t go through it alone — South Africa’s landlords stand together.
When you join the Landlords Association of South Africa, you gain more than just membership you gain a powerful network of support. From expert legal advice and vital landlord resources to guidance on dealing with problem tenants, we stand with you every step of the way.
For just 2 rand a day, you can access professional advice, proven tools, and a community that understands the challenges of both commercial and residential property management.
Join today and experience the confidence of knowing you’re never facing it alone.
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Disclaimer:
This post is for general use only and is not intended to offer legal, tax, or investment advice; it may be out of date, incorrect, or maybe a guest post. You are required to seek legal advice from a solicitor before acting on anything written hereinabove.
