How to Evict a Non-Paying Tenant Legally in South Africa

Evicting a tenant who refuses to pay rent is one of the most stressful experiences for any landlord. However, South African law protects both landlords and tenants, and eviction must follow a strict legal process.

This guide explains how to evict a non-paying tenant legally in South Africa, in line with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) and other key laws governing landlord-tenant relationships.

Understanding the Legal Framework for Eviction

The Rental Housing Act and the PIE Act work together to regulate evictions in South Africa. The PIE Act ensures that no person is evicted without a court order, even if they have stopped paying rent.

Its purpose is to prevent landlords from taking the law into their own hands, for example, by changing locks or cutting off water and electricity.

To legally remove a tenant, landlords must apply to the Magistrate’s Court or High Court, following due process and respecting the tenant’s constitutional right to adequate housing.

Step 1: Confirm the Tenant Is in Breach of Lease

Before starting any legal process, confirm that the tenant has breached the lease agreement. The most common breach is non-payment of rent. To proceed lawfully:

• Review the lease terms to confirm payment dates and penalties.
• Keep detailed records of missed payments.
• Send a written notice demanding payment within a reasonable period (usually 7–14 days).

If the tenant fails to pay after receiving this notice, the landlord may terminate the lease in writing.

Step 2: Terminate the Lease Agreement

Once the tenant is in breach and fails to remedy the default, the landlord can terminate the lease agreement in accordance with its terms and, where applicable, the Consumer Protection Act (CPA). The termination notice should:

• Be in writing and served properly (email, hand delivery, or registered post).
• Clearly state the reason for termination (non-payment).
• Give the tenant a reasonable time to vacate.

If the tenant ignores the termination and remains in the property, they become an unlawful occupier under the PIE Act, allowing the landlord to seek a court eviction order.

Step 3: Apply to the Court for an Eviction Order

The next stage is to apply for an eviction order through the Magistrate’s Court or High Court. The application must include:

• A copy of the lease agreement.
• Proof of ownership (title deed or municipal account).
• Evidence of the breach and termination notice.
• Proof that the tenant was notified of the intended eviction.

The court will issue a notice of motion to inform the tenant of the proceedings and provide an opportunity to respond. This ensures fairness and transparency under the Constitution.

Step 4: The Court Hearing

During the hearing, both landlord and tenant can present evidence. The judge will consider:

• Whether the tenant’s occupation is unlawful.
• Whether proper notice was served.
• Whether the eviction would be just and equitable under the PIE Act.

If the court is satisfied, it will issue an eviction order specifying when the tenant must vacate. The court may also allow a grace period if the tenant has nowhere else to go.

Step 5: Enforcement of the Eviction Order

Once the eviction order is granted, the landlord must wait until the specified date. If the tenant still refuses to leave, the Sheriff of the Court is authorised to lawfully remove them and their belongings.

Only the Sheriff can carry out the eviction; landlords cannot do so themselves.

Using the Sheriff ensures the process is legal and avoids accusations of intimidation or unlawful conduct.

What Not to Do: Avoiding Illegal Eviction Penalties

Many landlords act out of frustration when tenants fail to pay rent. However, the following actions are considered illegal evictions under the PIE Act:

• Changing the locks or gate access codes.
• Disconnecting water or electricity.
• Removing the tenant’s possessions.
• Threatening or intimidating the tenant to leave.

Illegal eviction is a criminal offence and can lead to fines, imprisonment, or civil claims for damages. Always follow the correct legal steps and seek advice from an eviction specialist or attorney.

The Role of the Rental Housing Tribunal

The Rental Housing Tribunal helps resolve disputes between landlords and tenants before they escalate into court actions. If the tenant refuses to pay rent but remains in the property, the Tribunal can:

• Mediate rental arrear disputes.
• Order the tenant to pay outstanding rent.
• Issue rulings to ensure compliance with the lease.

While the Tribunal cannot evict a tenant, its rulings can strengthen your case when applying to court.

Practical Tips to Prevent Non-Payment and Evictions

• Always conduct background and credit checks on new tenants.
• Request a sufficient deposit to cover at least one to two months’ rent.
• Use a written lease that outlines payment terms and breach procedures.
• Keep written records of all communications and inspections.
• Act early when rent is overdue, do not wait several months before taking legal action.

By proactively managing tenancies, landlords can avoid costly, time-consuming court cases.

The Importance of Legal Representation

Eviction cases can be complex, especially when tenants raise defences such as unfair treatment or financial hardship.

Engaging a qualified eviction attorney helps ensure that your documents are properly drafted, notices are adequately served, and procedures are lawfully followed.

Professional legal support also reduces delays and helps landlords recover possession faster and safely.

FAQs

Can a landlord evict a tenant without going to court?

No. All evictions must go through a court process. The PIE Act makes it illegal to evict a tenant without a court order.

How long does the eviction process take?

Depending on court availability and tenant defences, it can take 6 to 12 weeks from the date of filing to obtain an eviction order.

Can I cut off utilities if the tenant doesn’t pay?

No. This is considered harassment and an illegal eviction practice under the PIE Act.

Can I claim unpaid rent and damages after eviction?

Yes. You can claim outstanding rent or damages through a civil claim once the tenant has vacated.

Who carries out the actual eviction?

Only the Sheriff of the Court can enforce an eviction order lawfully.

 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 robust 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.

Our Top Read Blogs:

How to Sell a House in South Africa Fast

Complete Process of Tenant Eviction in South Africa

What Can I Do If A Tenant Is Neglecting My Property

Useful External Links

www.justice.gov.za/legislation/acts/1998-019.pdf
www.gov.za/documents/prevention-illegal-eviction-unlawful-occupation-land-act