Need to Evict a Tenant? RCS Law Can Help
Dealing with a tenant who breaches a lease agreement can be one of the most stressful challenges for any property owner. What should be a stable source of income can quickly become a financial and emotional burden. If you need to evict a tenant, RC Smith and Associates (RCS Law) is here to guide you through the legal process — ethically, professionally, and effectively.
Understanding Tenant Evictions in South Africa
Tenant evictions in South Africa are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). While this legislation ensures fair treatment of tenants, it also recognises the rights of property owners. The eviction process must be handled with care — failure to follow proper legal procedure can lead to delays, financial loss, or even criminal charges.
At RCS Law, we specialise in lawful evictions and are committed to helping landlords protect their property investments with minimum disruption.
When is a Tenant Considered an Unlawful Occupier?
A tenant becomes an unlawful occupier when they remain on your property after:
- Breaching the lease agreement (e.g. non-payment of rent)
- Receiving notice to vacate
- Failing to vacate the property within the required timeframe
At this point, you are legally entitled to apply to the court for their eviction — but the process must strictly comply with the PIE Act.
It’s important to understand: you cannot change the locks, cut off utilities, or remove a tenant’s belongings without a court order. Doing so is illegal and can have serious consequences. That’s why working with a legal professional is critical.
Our Eviction Process at RCS Law
As a boutique law firm, we take a personalised approach to every case. We aim to simplify the eviction process while protecting your rights and ensuring full legal compliance.
Here’s how we assist:
- Notice of Breach
We begin by serving a formal notice of breach, informing the tenant of the issue (e.g. non-payment) and granting them a set timeframe to rectify it — as stipulated in the lease. - Termination of Lease
If the tenant fails to remedy the breach, we issue a written termination of the lease agreement — a crucial step that must be handled correctly. - Court Application for Eviction
If the tenant does not vacate, we prepare and file an application for eviction with the relevant court. Once granted, we liaise with the sheriff of the court to enforce the eviction order if necessary.
Why Choose RCS Law?
- Legal expertise in Property Law and Evictions
- Transparent, step-by-step guidance
- Affordable, customised legal solutions
- A focus on resolving disputes efficiently and lawfully
Need to evict a tenant? RCS Law can help. Contact us today for a consultation and let our experienced legal team protect your rights and investment with confidence.