Evictions are a contentious issue in South Africa. The country has a history of forced removals, and there is a recognition of the need to protect vulnerable tenants from being evicted without due process. The laws relating to evictions are therefore quite specific, and landlords must follow these laws when seeking to evict a tenant.

The Constitution of South Africa
The Constitution of South Africa provides protection against arbitrary evictions. Section 26 of the Constitution states that "No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances." This means that landlords cannot simply evict tenants without going through the proper legal channels.

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE)
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) sets out the legal procedures that must be followed when seeking to evict a residential tenant.
The first step that a landlord must take when seeking to evict a tenant is to give the tenant notice of the eviction. This notice must be in writing and must set out the grounds for the eviction. The tenant then has the right to respond to the notice.
If the tenant does not vacate the property after the notice period has expired, the landlord must apply to the court for an eviction order. The court will then consider all the relevant circumstances before making a decision. The court will take into account factors such as the tenant's personal circumstances, the reason for the eviction, and the availability of alternative accommodation.
It is important to note that the court may refuse to grant an eviction order if it is satisfied that the eviction would result in homelessness. In such cases, the court may order the landlord to provide suitable alternative accommodation for the tenant.

The Rental Housing Act
The Rental Housing Act sets out the rights and obligations of landlords and tenants. The act provides protection for tenants against unfair practices by landlords, and sets out the procedures that must be followed when terminating a lease.
Under the Rental Housing Act, a landlord may only terminate a lease in certain circumstances, such as non-payment of rent, breach of the lease agreement, or where the landlord requires the property for his or her own use. The landlord must also give the tenant written notice of the termination of the lease.

Conclusion
In South Africa, landlords cannot simply evict tenants without following the proper legal procedures. The Constitution provides protection against arbitrary evictions, and the PIE Act sets out the legal procedures that must be followed when seeking to evict a tenant. The Rental Housing Act provides further protection for tenants against unfair practices by landlords, and sets out the procedures that must be followed when terminating a lease. It is important for landlords and tenants to be aware of these laws in order to protect their rights and avoid legal disputes.

Our specialist eviction attorney will able to assist you in navigating the legal requirments in dealing with your defaulting tenant.

some of the services we offer are:

• Drafting of rental agreements and addendums.
• Enforcement of the provisions of rental agreements.
• Evictions, residential and commercial.
• Collections on outstanding rentals
• Enforcement of landlords right (hypothec) to retain movable property, inclusive of the procedures detailed under levy enforcement above.
• Enforcement of rights of tenancy/ occupation.

• ESTA deals with the eviction of lawful occupiers or occupiers of rural or peri-urban land.
  

Contact us at reception@reefandco.co.za or 021 4233531