Timeline for a Legal Eviction in South African Courts

As a landlord, you may know how frustrating it can dealing with a difficult. Despite having a compliance and well-drafted lease agreement and screening potential tenants, you may still find yourself chasing rent payments or stressing about your tenants’ behaviour at your property.

Our RCS Law team are here to guide you through the legal steps to evict a tenant. Whether you’re dealing with unpaid rent, property damage, or a tenant who refuses to leave after their lease has ended, our expertise in property law and evictions means you will be in excellent hands. We have worked with clients in most of Cape Town’s suburbs and enjoyed successful results.

Why You Can’t Skip the Legal Process

Remember, under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), you cannot change the locks, cut off your tenant’s utilities, remove your tenant’s belongings, or intimidate your tenants into leaving. It is important to understand tenant rights vs landlord rights during eviction. It does not matter how justified you feel – without a court order, you are not legally allowed to evict your tenants.

Legal Eviction Process at a Glance:

The timeline for legal eviction in South African courts differs and depends on several factors. Before court involvement, the first step is to serve your tenant with a written notice. Consider the following:

• Fixed-term lease: If your tenant is in breach of their lease agreement, you are required (under the Consumer Protection Act) to provide them with 20 business-day written notice to remedy this breach.
• Month-to-month or expired lease: In most cases, a full calendar month notice is required. Understanding lease clauses before eviction is important – assess your lease agreement thoroughly.

In the event your tenant does not rectify their breach or vacate the property upon expiry of the lease, you will need approach an attorney to assist with the an application at court for the eviction of the tenant.

Typical Eviction Timeframes:

While we cannot say with certainty how long each eviction will take, we can share estimates based on previous cases we have worked on:

• Unopposed Evictions: In most cases, straightforward eviction cases take between 3 and 6 months from the first written notice to the court case and getting back control of your property.
• Opposed Evictions: If your tenant contests the eviction, courts could postpone hearings or require more evidence. The eviction process may take 8 to 12 months, and in exceptional cases, even longer.

If you are ready to pursue a legal eviction in South Africa, RCS Law is here to guide you from beginning to end for the best outcome. To start, CONTACT US or complete and submit our Eviction Services Client Interest Form.