Steps Before Court: Notices Every Landlord Should Serve

March 4, 2026

Evicting a tenant in South Africa is not as simple as asking them to leave or forcing the situation by making their lives difficult. At RCS Law, we provide an effective eviction service that puts you first and protects your rights. There are certain notices every landlord should serve before initiating the eviction process.

The Constitution, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), and the Rental Housing Act create a legal framework that protects the rights of occupiers and tenants. As a landlord, you will need to follow clearly defined procedural obligations to take possession of your property legally. Working with a result-driven eviction attorney in Cape Town is key to achieving the best outcomes.

Proper Notice Matters

Before applying to court for an eviction order, you must be able to prove that you have given your tenant adequate, fair notice. Provide them with written notice clearly outlining the breach of the lease agreement, along with a reasonable timeframe for the tenant to remedy the breach. This step is more than just a technicality – it is a  legal requirement.

A well drafted lease agreement can count in your favour and understanding lease clauses before eviction gives you an advantage.

Serving notice as a landlord in South Africa

The Notices Landlords Should Know About

Breach Notice (Remedy to Breach): Should your tenant breach the lease agreement, the first step would be to serve them with a formal written notice demanding that the tenant remedy the breach. Ideally,  the notice should:

  • Be in writing;
  • clearly identify the specific breach;
  • Explain what action is required to rectify the breach;
  • Specify a reasonable timeframe in which to rectify the breach; and
  • Inform that failure to remedy will result in cancellation of the lease

Cancellation Notice: If your tenant does not meet the deadline to remedy the breach, you may legally cancel the lease agreement. You will need to provide your tenant with a separate written cancellation notice, which formally ends the lease and terminates your tenant’s right to occupy your property. This notice should:

  • Confirm that the breach was not resolved within the timeframe given;
  • State that the lease is therefore cancelled with immediate effect/from a specified date;
  • Demand that the tenant vacate by a specified date, as they are now illegally occupying your property; and
  • Advise that a court application for eviction will be sought if they refuse to vacate

If you are dealing with a non-paying tenant, a tenant who is engaging in illegal activities, or squatters in your home, RCS Law can help. CONTACT US or complete our Eviction Services Client Interest form.