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Evicting a tenant lawfully
In South Africa, you cannot evict a tenant yourself. A landlord needs a court order, and the court must first be satisfied that the tenant is no longer entitled to occupy. Changing the locks, cutting off water or removing a tenant’s belongings is unlawful and can expose you to claims. The lawful route is slower, but it is the one that works.
Why the court is involved
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, usually called PIE, says no one may be evicted from their home without a court order made after considering all the relevant circumstances. This applies to tenants who stay on after a lease ends, and to those who breach it.
Under the Rental Housing Act, a landlord also may not lock a tenant out, cut services except for safety or repairs, or take the tenant’s belongings. Taking back the property or seizing goods needs a court order. The Rental Housing Tribunal handles disputes between landlords and tenants, but it cannot grant an eviction order.
Step 1: end the lease properly
PIE covers an unlawful occupier, someone who has no consent or other legal right to occupy. A tenant whose lease is still running is not an unlawful occupier. In Els v Venter (2025), the Supreme Court of Appeal set aside an order to vacate because the tenant was not yet an unlawful occupier. So you must first end the lease validly.
That depends on your lease and the reason:
- The fixed term has expired. Check whether the lease renews month to month and what notice is needed to end it.
- The tenant has breached the lease. This is often unpaid rent. The lease usually requires written notice to fix the breach, with a deadline, before you cancel.
- You want to end a month-to-month lease. Give the notice the lease asks for, in writing.
Mistakes at this stage are a common reason applications fail. Get an attorney to check your notice before you send it.
Step 2: apply to court
Once the lease has ended and the tenant stays on, your attorney applies to court for an eviction order. The court must serve written and effective notice of the hearing on the occupier and on the municipality. This must be at least 14 days before the hearing.
At the hearing, the court considers all relevant circumstances and may grant the order only if eviction is just and equitable. That means it looks at the facts on both sides, such as the circumstances of the occupiers, and looks beyond the lease alone. It may also set the date by which the tenant must leave.
Step 3: carry out the order
If the court grants the order and the tenant still does not leave, the order is enforced through the court’s process. You do not do it yourself. Even with an order in hand, taking matters into your own hands can undo your position.
While a complaint is pending
If the tenant lodges a complaint with the Rental Housing Tribunal, the landlord may not evict until the Tribunal rules or three months pass, whichever comes first. The tenant must keep paying rent in that time. Read the Rental Housing Tribunal to see how it works.
Proposed changes
A PIE Amendment Bill was published in draft in 2026. Public comment was invited, and we have found nothing showing it has become law. Draft proposals are not the law. Until it is passed and comes into force, the rules above apply.
What to do next
- Keep records of every missed payment, notice and message.
- Try a payment plan or a negotiated exit first. See rent increases and arrears.
- Speak to an attorney before you send any cancellation notice.
- Count the cost of an empty month or a long dispute with the rental yield calculator.
- Consider having an agent handle tenant screening and notices next time. See manage your rental yourself or use an agent.
This article is general information for South African readers, not legal, financial or tax advice. Rules and rates change, so check your own situation with an attorney, your bank or a tax practitioner. Our property calculators can help you work out the numbers.