Residential Eviction Proceedings in South Africa

Sections 4 to 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“PIE Act”) set out the process to be followed to evict an unlawful occupier. The PIE Act only applies to residential tenants.

To commence eviction proceedings, the tenant must first be an unlawful occupier. A tenant becomes an unlawful occupier when the lease has come to an end and they continue to occupy without the landlord's consent.

Most leases contain breach clauses requiring written notice and a reasonable time to remedy the breach. The first step is to send a letter of demand requiring the tenant to remedy the breach within a stated time, and reserving the right to cancel the lease on default.

Note the Consumer Protection Act 68 of 2008: the landlord must give at least 20 business days for the tenant to rectify the breach.

If the tenant fails to remedy the breach by the stipulated date, a further notice must be sent cancelling the lease. After cancellation, the tenant is an unlawful occupier.

The landlord may then apply to court for permission to institute eviction proceedings under PIE. If the court is satisfied that it is just and equitable, leave is granted to serve the eviction application papers, and a court date is allocated.

The Sheriff serves the eviction application papers on the tenant and the local municipality. The tenant may oppose. If unopposed, the court grants an eviction order stipulating a date by which the tenant must vacate. If opposed, the matter is argued in motion court before the magistrate, who decides whether to grant the order. The court will only grant the order if it is just and equitable, considering the personal circumstances of the tenant and any other relevant circumstances.

The order is served on the tenant by the Sheriff. If the tenant fails to vacate by the stipulated date, the landlord may obtain a warrant of eviction and instruct the Sheriff to remove the tenant and their belongings from the premises.