Eviction in South Africa: The Legal Process, Your Rights as a Tenant and Where to Get Free Help
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This guide is for tenants, people renting a backroom or a room in a house, and anyone who has been told to leave a place where they live. It explains the steps the law requires, what a real eviction notice looks like, and what to do if someone tries to remove you without going to court. It is general information, not legal advice for your case.
The Laws That Protect You
Three laws decide how an eviction must happen:
| Law | What it says |
|---|---|
| The Constitution, section 26(3) | No one may be evicted from their home, or have their home demolished, without a court order made after the court has looked at all the relevant circumstances |
| Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act) | Sets out the court process, the notice, what the court must consider, and makes eviction without a court order a crime |
| Rental Housing Act 50 of 1999 | Sets the rules between tenants and landlords (deposits, leases, inspections) and creates the free Rental Housing Tribunals |
The PIE Act covers anyone who lives in a home without the owner’s permission, including a tenant whose lease has ended or been cancelled. People on farms are covered by a different law, the Extension of Security of Tenure Act (ESTA), so this guide does not apply to farm workers and farm dwellers.
The Rental Housing Act says it plainly: if a tenant does not leave after the lease ends, the landlord may only evict them with a court order under the PIE Act.
The Eviction Process Step by Step
A lawful eviction of a tenant usually goes through these steps:
- The lease ends or is cancelled. If you are behind on rent or have broken the lease, the landlord can cancel the lease on the grounds the lease allows, as long as this is not an unfair practice. Check your lease to see what written notice the landlord must give you first to fix the problem. Once the lease is cancelled and you stay, the law treats you as an “unlawful occupier”.
- The landlord applies to court. This is the magistrate’s court or the High Court. The Rental Housing Tribunal cannot grant eviction orders.
- The court serves the eviction notice. At least 14 days before the hearing, the court must give written notice to you and to your municipality.
- The hearing. You can go to court, tell your side and ask for more time. The court must decide whether eviction is “just and equitable”.
- The order. If the landlord has followed every rule and you have no valid defence, the court grants the order. It must set a fair date by which you must leave, and a date after which the order can be carried out if you have not left.
- The sheriff carries it out. Only the sheriff of the court may remove you and your things, and only after the date in the order. The court may let others help the sheriff, but the sheriff must be there the whole time.
There is no fixed time for the whole process. Property and law firm sites give anything from a few weeks for an unopposed case to many months for a defended one, and they do not agree with each other. What matters is that the law gives you notice and a chance to be heard at every step.
Urgent evictions
A landlord can ask the court for an urgent eviction only in rare cases. Under section 5 of the PIE Act, the court must be satisfied that there is a real and immediate danger of serious injury or damage if you stay, that the owner’s hardship is greater than yours, and that there is no other effective remedy. Even then, you and the municipality must get written notice before the hearing.
What a Real Eviction Notice Looks Like
A letter from your landlord saying “you must be out by Friday” is not an eviction order. The PIE Act notice comes through the court, and section 4(5) says it must:
- say that eviction proceedings have been started against you,
- give the date and time of the court hearing,
- set out the reasons for the eviction, and
- tell you that you have the right to go to court to defend yourself and to apply for legal aid.
If you receive a court notice, do not ignore it. Go to the hearing, or get help before the date. If you do not go, the court may decide without hearing your side.
What the Court Must Think About
The court cannot simply sign an order because a landlord asks. Under section 4 of the PIE Act it must look at all the circumstances, including the rights and needs of older people, children, people with disabilities and households headed by women.
| How long you have lived there | What the court considers |
|---|---|
| Less than six months | Whether eviction is just and equitable, looking at the people above |
| More than six months | The same, plus whether other land or housing is available or can reasonably be made available by the municipality, another state body or another owner |
When it sets the date you must leave, the court must also consider how long you and your family have lived there. The six-month rule about other land does not apply when a house is sold in execution because the owner did not pay the bond.
Illegal Evictions: Lockouts and Cutting Services
Section 8 of the PIE Act says no person may evict an unlawful occupier without a court order. Doing so is a crime, and a person found guilty can get a fine, up to two years in prison, or both. The Act also lets a person who was illegally evicted bring a private prosecution against the person who did it.
These are all illegal ways of forcing someone out:
- changing the locks or locking you out,
- cutting off or interfering with your water, electricity or other services (the only exceptions are to prevent danger or to do repairs),
- removing your belongings or taking them as payment for rent,
- breaking down your structure or home without a court order,
- entering your home whenever the landlord likes. The Rental Housing Act says a landlord may inspect only in a reasonable way, after reasonable notice.
In an article on 6 October 2026, SAnews listed illegal lockouts, unlawful disconnection of water, electricity or other services, illegal evictions and failure to refund a deposit among the unfair practices the Rental Housing Tribunal deals with.
What to do if you are locked out or your power is cut
- Stay calm and do not use force. Write down the date, the time and who did what. Take photos.
- Report it at your nearest police station and ask for a case number. An eviction without a court order is a crime under the PIE Act.
- Lodge a complaint at your province’s Rental Housing Tribunal (see below). The Tribunal can make orders such as a spoliation order, which restores what was taken from you.
- Get legal help. If you cannot afford a lawyer, see if you qualify for Legal Aid South Africa.
If you are in danger from someone you live with or a family member, a different law applies: see our guide to getting a protection order.
The Rental Housing Tribunal: Free Help for Tenants
Every province has a Rental Housing Tribunal. SAnews said on 6 October 2026 that the Tribunals in all nine provinces offer a free service: there is no cost to tenants or landlords from lodging a complaint through mediation or a hearing. You do not need a lawyer.
How it works:
- Fill in the complaint form. In the Western Cape, this is the Main Complaint Form plus the annexure for your problem, for example Annexure F(h) for an unlawful eviction or lockout, F(e) for failure to provide municipal services, or F(a) for a deposit that was not paid back.
- Hand it in at a Tribunal office, send it electronically, or take it to a Rental Housing Information Office at your municipality.
- The Tribunal registers the complaint and checks whether it is an unfair practice.
- It tries mediation first. If that fails, it holds a hearing and makes a ruling.
- A Tribunal ruling counts as an order of the magistrate’s court, so it can be enforced.
An important protection: under section 13(7) of the Rental Housing Act, once you have lodged a complaint, the landlord may not evict you until the Tribunal rules or three months have passed, whichever comes first. During that time you must keep paying the rent you paid before the complaint, and the landlord must keep doing necessary maintenance.
The Tribunal cannot hear an eviction application itself. It must refer eviction matters to a court within 30 days. It also may not help if your landlord has already started eviction proceedings in court.
| Western Cape Rental Housing Tribunal | Details |
|---|---|
| Office | 27 Wale Street, Cape Town |
| Phone for questions | 086 010 6166 |
| Email for complaint forms | [email protected] |
| Email for questions | [email protected] |
In other provinces, contact your provincial Department of Human Settlements or your municipality’s Rental Housing Information Office for the Tribunal’s address.
Rent, Deposits and Notice Periods
Many eviction disputes start with money. The Rental Housing Act sets these rules:
- Rent and receipts: you must pay your rent on time, and the landlord must give you a dated written receipt for every payment.
- Month-to-month leases: if your lease has ended and you stay on with the landlord’s agreement, you have a month-to-month lease on the same terms. Either side must give at least one month’s written notice to end it.
- Deposit: the landlord must keep it in an interest-bearing account. If you owe nothing at the end of the lease, you get the deposit and interest back within 7 days. If there are repair costs, the balance must be paid back within 14 days of you handing back the home, with receipts for the deductions.
- Inspection: you and the landlord should inspect the home together before you move in and within three days before you leave. If the landlord does not hold the final inspection with you, the home is taken to be in good repair and the full deposit must be paid back.
- Unpaid rent: a landlord may claim rent you refuse to pay only through a Tribunal ruling or a court order, not by keeping your belongings.
Changes Coming: The PIE Amendment Bill
The Department of Human Settlements published a PIE Amendment Bill for public comment in April 2026. SAnews reported on 7 July 2026 that the closing date for comments was extended to 6 August 2026. The Bill has not become law, so the PIE Act as described on this page still applies. We will update this guide if Parliament passes it.
Eviction Questions
Can my landlord evict me without a court order?
No. Under the Constitution and the PIE Act, only a court can order an eviction, and only the sheriff can carry it out. Evicting someone without a court order is a crime that can lead to a fine, up to two years in prison, or both.
How many days’ notice must I get before an eviction?
The court must give you and the municipality written notice at least 14 days before the eviction hearing. If the court grants the order, it also sets a date by which you must leave, so you do not have to go on the day of the hearing.
Can I be evicted if I have no written lease?
Yes, but the landlord still needs a court order. A verbal arrangement does not remove your protection under the PIE Act. If you stayed on after a lease ended with the landlord’s agreement, the law treats it as a month-to-month lease, and either side must give one month’s written notice.
Can my landlord cut off my electricity or water?
No, not to force you out or to make you pay. A landlord may interrupt services only to prevent danger or to do repairs. Report it to the police and lodge a complaint with the Rental Housing Tribunal.
How do I stop an eviction?
Go to the court hearing and explain your circumstances, and ask for legal help before the date. If there is a dispute about rent, repairs, a lockout or the deposit and no court case has started yet, a complaint to the Rental Housing Tribunal stops the landlord from evicting you for up to three months while it is decided.
Is the Rental Housing Tribunal free?
Yes. SAnews said on 6 October 2026 that the Tribunals in all nine provinces charge nothing from the complaint through mediation or a hearing.
More: Legal Aid South Africa, protection orders, free basic electricity and water and RDP housing.