Can my landlord kick me out without a court order?

Rule 1

You cannot be evicted without a court order

According to the South African Constitution, no person can be removed from their home without a court order. If your landlord is evicting you, they have to apply for an eviction order and have it approved in writing by the court.

If I receive a Notice to Vacate from my landlord, do I have to leave my home?

Receiving a Notice to Vacate does NOT mean you are evicted

A Notice to Vacate is a conversation, letter, email, SMS or Whatsapp message from your landlord (or their lawyer) in which they state that they have cancelled your lease and that you must vacate the property by a certain date.

If I am facing eviction, is it important for me to attend my court hearing?

You must attend all court hearings or risk immediate eviction

Probably the biggest mistake a tenant can make is not showing up to court. This means there is no official opposition to your landlord’s eviction application and will very likely result in your eviction.

If I haven't paid rent, can I still fight my eviction?

You can oppose your eviction even if you have not paid rent

Even if a tenant is in the “wrong” and is an unlawful occupier they can still oppose their eviction. In South Africa, our laws are meant to ensure that no one is evicted into homelessness. To evict you must be an unlawful occupier AND the court must find it just and equitable to evict you.

Are free lawyers available to help me with my eviction?

Citizens AND foreigners can access free legal representation

Legal Aid South Africa provides access to pro bono (free) legal services for Citizens in need and who cannot afford to pay for a private lawyer, while the Legal Practice Council provides free legal services for citizens AND foreign nationals.

What happens if I am being evicted but have no other place to live?

The state must provide you with emergency housing if your eviction will make you homeless

If you need emergency housing it is the responsibility of the state to take reasonable legislative action. For this reason your local government should be joined to your case.

Can I be evicted if I haven't broken my lease agreement?

You cannot be removed if you are compliant with the obligations agreed to in the lease agreement

If a tenant is compliant with the terms set out in their lease agreement they cannot be removed.

Can my landlord start renovations without telling me?

You must be warned in advance of any renovation or structural changes before they are carried out

Before any changes, renovations or whatever can be carried out on the property, the tenant reserves the right to be consulted on any activities that may affect them.

Can my landlord sell the property I am currently renting and evict me?

You cannot be evicted from a property because it has been sold

If a landlord sells off their property and the lease agreement is still in effect, the tenant has the right to keep staying in the property irrespective of the change in ownership.

How much notice must my landlord provide before cancelling my lease?

You must receive a minimum of one month notice when your lease agreement is cancelled

Based on the Rental Housing Act 1999, a minimum of one month notice must be given to a tenant when a lease agreement is about to be cancelled.