Evict-A-Tenant
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Always follow the correct legal procedure. Actions like changing locks, disconnecting electricity or water supplies, or evicting a tenant by intimidation or force, are typical examples of spoliation or 'taking the law into one's own hands'.

SA law on eviction

SA law governing the eviction of a tenant is complicated and requires specialist advice.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 (also called PIE), governs the eviction process. It provides procedures for eviction of unlawful occupants and prohibits unlawful evictions. Every tenant is covered by this act, including illegal squatters and defaulting tenants.

It is vital that the shortest and most effective legal route be followed. This will prevent delays which could result in losses in rental income and other damages.

Following the correct eviction procedures minimizes frustration, costs and potential further rental losses. Unlawful eviction or incorrect procedures can be challenged in court resulting in non-paying tenant occupying a property longer, the possibility of paying additional legal costs and further rental loss.

Evictions can only be carried out by the Sheriff of the Court in terms of an Order of Court.

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The eviction process

To avoid compromising your eviction process, the following actions need to be taken.

  • Quick & timeous action.
    Procrastinating or delay in taking action in terms of PIE can have an impact on your merits of your eviction action.
  • Correct legal procedures (do not take the law into your own hands).


By not following the correct procedures and the landlord frustrates the occupation of the tenant, can result in a High Court action by the tenant, forcing the landlord to re-institute un-hindered occupation.

Actions like changing locks, disconnecting electricity or water supplies, or evicting a tenant by intimidation or force, are typical examples of spoliation or 'taking the law into one's own hands'.

These actions will entitle the tenant to bring a spoliation application to the High Court, ordering the landlord to give back occupation to the tenant.