These two documents may sound similar and seem similar but in the context of an eviction, they represent two completely different phases of the process and come with a host of different actions that need to be taken. Understanding the difference between the two and knowing what actions to take (and when to take them) can save you from being evicted into homelessness.

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 you breach the conditions of your lease your landlord is entitled to cancel it and ask you to leave.

What is a Notice of Motion?

• See an example of a Notice of Motion here.
• See an example of a Founding Affidavit here.

If you receive a Notice to Vacate from your landlord telling you to leave your home, it does not mean you are evicted. You cannot be evicted without an order of the court! At this stage, there is still a lot of time to resolve issues and come to an agreement with your landlord. Going to court will be costly for your landlord and you should try to settle the matter without legal proceedings. Below is a list of actions you should take:

What should you do if you receive a Notice of Motion?

1. Ask the Sheriff to explain all the documents to you
2. Find legal representation or advice (learn more about that here)
3. Go to court (If you do not appear in court on the day of your hearing, you are likely to be evicted!)
4. If you go to court and you don’t have a lawyer yet, request a postponement to find legal representation (learn more about that here)
5. Attend an Advice Assembly, get support and start learning about the eviction process (learn more about the Advice Assembly here)

In summary, a Notice to Vacate is when your landlord has cancelled your lease and wants to evict you. At this stage, there is still lots of time to negotiate and sometimes the cancellation may not even be lawful. If you are at this stage, take action, learn about the process, and get advice and support. EVICTIONS.ORG.ZA is a great place to start learning about your rights and the eviction process.