Question 1

Can I evict a tenant without a court order?

Accepted Answer

No. In South Africa, you MUST get a court order to evict a tenant. You cannot change locks, cut electricity, remove belongings, or physically remove a tenant yourself. Doing so is a criminal offence under the Prevention of Illegal Eviction (PIE) Act. Always follow the legal process.

Question 2

How long does the eviction process take?

Accepted Answer

The full legal eviction process takes 2-6 months on average. This includes: notice period (1 month), filing court papers (1-2 weeks), waiting for court date (4-8 weeks), and execution of the court order (2-4 weeks). If the tenant opposes, it can take longer.

Question 3

What notice period must I give?

Accepted Answer

For month-to-month leases, you must give at least 1 calendar month's notice (20 business days). For fixed-term leases, you must wait until the lease expires unless the tenant has breached the lease. For breach (like non-payment), you must give written notice to fix the breach within a reasonable time (usually 20 business days).

Question 4

What is a Section 4(2) notice?

Accepted Answer

A Section 4(2) notice is required by the PIE Act before you can apply for an eviction order. It must be served on the tenant AND the municipality at least 14 days before the court hearing. It informs the tenant of the eviction application and gives them time to respond. Without this notice, the court will not grant the eviction.

Question 5

Can I evict a tenant for non-payment of rent?

Accepted Answer

Yes, but you must follow the process: 1) Send a written breach notice giving them 20 business days to pay. 2) If they don't pay, cancel the lease in writing. 3) Serve a Section 4(2) notice. 4) Apply to court for an eviction order. You cannot skip any steps.

Question 6

What if my tenant won't leave after the lease ends?

Accepted Answer

If the lease has expired and the tenant won't leave, they become an 'unlawful occupier'. You still need a court order to remove them. Send written notice that the lease has ended and they must vacate, then follow the PIE Act eviction process through the courts.

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