Can I Change the Locks if My Residential Tenant Defaults on Rent?

The short answer is: no, not without a court order.

Section 8(1) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“PIE”) specifically states that no person may evict an unlawful occupier except on the authority of an order of a competent court. A landlord must follow the procedure in sections 4 to 6 of PIE to lawfully evict a defaulting residential tenant.

Locking out a tenant will also amount to an offence under section 16 of the Rental Housing Act 50 of 1999 and section 8(3) of PIE. A landlord who locks out a tenant is liable on conviction to a fine or imprisonment not exceeding two years, or both.

No. Section 26(3) of the Constitution states that “no one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.” Any clause in a lease that purports to allow lockout without a court order is unenforceable.

As soon as a landlord takes the law into their own hands, the tenant can obtain a spoliation order. The tenant only needs to prove:

• They were in peaceful and undisturbed possession of the premises; and

• They were deprived of that possession without their consent or recourse to law.

If proven, the court orders the landlord to restore possession and will usually order the landlord to pay the tenant's legal costs. The tenant may additionally claim damages flowing from the lockout.

A landlord may under no circumstances take the law into their own hands. Doing so exposes you to damages claims, adverse costs orders, and possible criminal charges under PIE and the Rental Housing Act. Use the proper PIE procedure — it is faster and cheaper than the alternatives.