Owning a rental property can be a valuable investment, but when a tenant stops paying rent, it quickly becomes a legal and financial headache. While landlords have every right to protect their income, evicting a non-paying tenant must be done lawfully. South African law—particularly the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act)—lays down specific procedures that landlords must follow.

This guide walks landlords through the eviction process from start to finish, outlining key legal requirements, avoiding common pitfalls, and clarifying the role of the Sheriff. If you’re dealing with a defaulting tenant, this is what you need to know.

What Is the PIE Act and Why Does It Matter?

The PIE Act was enacted to protect the rights of occupants against being arbitrarily evicted from their homes, even if they are in breach of their lease. The law ensures that all evictions go through a court process that considers both the landlord’s legal rights and the tenant’s basic human rights.
It applies to residential properties—so if your tenant is occupying a home, flat, or room (even illegally), you are legally obligated to follow the procedures set out in the PIE Act before evicting them.

When Can a Landlord Evict a Tenant?

Eviction is permitted only through a court order. Even if the tenant hasn’t paid rent for months or has breached the lease agreement, a landlord may not evict them without a legal process. Actions such as changing the locks, removing the tenant’s belongings, or cutting off electricity or water are considered unlawful and could expose the landlord to legal claims.

To evict a tenant, the landlord must first cancel the lease agreement lawfully and prove that the tenant is in unlawful occupation.

Non-Payment of Rent as Grounds for Eviction

Non-payment of rent is one of the most common reasons for eviction. However, before approaching the court, you must take the following steps:

• Issue a Written Letter of Demand: This notifies the tenant of the arrears and gives them a chance to settle the outstanding amount.
• Give the Tenant Time to Rectify the Breach: A reasonable period—usually 7 days—must be given, as per the lease agreement or general practice.
• Cancel the Lease if the Breach Continues: If the tenant does not pay within the given time, you may lawfully cancel the lease.

Once the lease is cancelled, the tenant is deemed to be occupying the premises unlawfully, which allows you to apply for an eviction order.

The Legal Eviction Process in South Africa

Step 1: Letter of Demand and Lease Cancellation

Send a written demand for payment. If no payment is made, cancel the lease in writing.

Step 2: File an Application for Eviction

Approach the Magistrate’s Court or High Court with an application for eviction. Your application must include:

• Proof of lease agreement
• Proof of breach and cancellation
• Explanation of the tenant's unlawful occupation

Step 3: Notice of Proceedings

The court will authorise a notice to be served on the tenant and the municipality. This notice informs them of the pending eviction and gives the tenant a chance to oppose the application.

Step 4: The Court Hearing

The judge or magistrate will consider the merits of the case, including:

• Whether the tenant is indeed unlawfully occupying the property
• Whether proper procedure was followed
• The personal circumstances of the tenant (e.g. children, elderly persons)

Step 5: Granting of the Eviction Order

If the court is satisfied, an eviction order will be granted with a specified date by which the tenant must vacate.

Step 6: Eviction by the Sheriff

If the tenant fails to leave by the date ordered, the Sheriff of the Court will carry out the physical eviction. Landlords are not permitted to evict the tenant themselves under any circumstances.

The Role of the Sheriff in Tenant Evictions

Only the court-appointed Sheriff is legally authorised to execute an eviction. The Sheriff will give the tenant a final warning, and if they still do not vacate, the Sheriff may remove them from the premises with the assistance of police if necessary.

This ensures that the eviction is carried out professionally and within the bounds of the law—avoiding potential charges of unlawful eviction.

Avoiding Common Legal Mistakes

Eviction law is strict. Even landlords with the best intentions can make costly missteps. Some common mistakes include:

• Self-help Eviction: Locking the tenant out or cutting off utilities can result in a damages claim against the landlord.
• Skipping the Legal Process: You must cancel the lease and get a court order—no shortcuts.
• Improper Notice: Failing to give proper notice or incorrectly serving documents can cause delays or dismissal of your case.
• Lack of Documentation: Always keep written records of the lease, communication, and payment history.

Working with experienced attorneys can prevent these errors and keep the process compliant and efficient.

Why Legal Representation Matters

Eviction proceedings require precise legal steps. Any deviation can cause delays, dismissals, or even legal action against the landlord. Experienced litigation attorneys help you:

• Draft valid notices and lease cancellations
• Compile and present supporting evidence
• Navigate complex tenant objections
• Handle municipal and court communication
• Ensure court orders are properly enforced

At Bailey Haynes Inc., we understand the urgency and frustration that comes with a non-paying tenant. Our legal team works swiftly to ensure your rights are protected and the process is handled with legal precision.

Frequently Asked Questions

Can I evict a tenant before the lease ends?

Yes—if the tenant breaches the lease (such as non-payment), you can cancel it and begin eviction.

How long does the eviction process take?

It varies by court, but from start to finish, it may take 8 to 16 weeks, depending on tenant cooperation and court schedules.

What if the tenant refuses to leave after the court order?

The Sheriff will remove them. Only the Sheriff may carry out an eviction.

Can the tenant oppose the eviction?

Yes. They can appear in court and raise objections, but the court will weigh both parties’ rights before deciding.

What if the tenant leaves belongings behind?

You may not dispose of the items without following legal procedures. Seek legal guidance before doing anything with abandoned property.

Bailey Haynes Inc. - Litigation Attorneys Cape Town

Dealing with a non-paying tenant is stressful, but taking matters into your own hands can make the situation worse. The PIE Act exists to ensure fair, legal resolution for both parties. As a landlord, following the correct legal process is the only way to protect your rights and regain control of your property.

If you need to begin eviction proceedings or want to understand your legal position, our litigation attorneys at Bailey Haynes Inc. are ready to assist.

Contact us.