Tenant Stops Paying Rent in South Africa: What a Landlord Should Do
Tenant not paying rent in South Africa? This guide explains the lawful next steps on arrears, breach notices, cancellation and eviction.
Lease Agreement Template South Africa (2026): Free PDF + Eviction-Proof Checklist
Your lease is not “paperwork”. It’s your future court file. If your lease is vague, outdated, or copied from a friend’s cousin’s landlord, you don’t have a lease. You have a delay. And delays in property disputes cost money fast. Last updated: 28 March 2026 Free download: Residential lease agreement template (PDF) Download here: Residential […]
Eviction after death of property owner
When family, property rights and eviction law collide After the death of a property owner, family members may only remain in the home if they have a legal right of occupation. Without such a right, the executor or heir may apply for eviction under the PIE Act, and the court will decide whether it is […]
Eviction from a deceased estate
What happens when a disputed will includes occupation of a property? The death of an elderly family member often brings families together. But it can also cause a dispute that winds up in court. A recent judgment in the Johannesburg High Court illustrates how will disputes can spill over into occupation and eviction disputes, particularly […]
Eviction requires clear evidence of occupation
Landlords must comply with PIE If a landlord terminates a lease, do they have a right to evict the tenant? Not automatically. The High Court recently clarified the evidential and procedural requirements for eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) in the case of […]
Lease agreements: non-fulfilment of conditions
When can this cause a lease to lapse? Have you recently signed a lease or business agreement? Did it come into effect immediately? Perhaps it did, but it depends on the terms of the contract. Some contracts only become active once certain requirements are met. These are called “suspensive conditions” and, if they are not […]
Evictions from “hijacked” buildings: what the law actually requires in South Africa (PIE, court orders, SAPS & municipalities)
By Simon Dippenaar • 20 October 2025 Summary Only a court can authorise an eviction in South Africa. Private groups, landlords, managing agents, security companies, or politicians cannot lawfully “evict” anyone. This neutral explainer sets out what the law requires, regardless of politics or immigration status. A recent media report referenced politically charged calls for […]
Land Court: Mediation is now mandatory before ESTA evictions — what this means for landlords and occupiers (2025)
“Good-faith negotiations” are no longer enough. Here’s how to comply — and how to protect your rights. What happened — the short version A full bench of the Land Court has clarified that mediation is mandatory before a landowner may apply for an eviction under the Extension of Security of Tenure Act (ESTA). The judges […]
Commercial property eviction law
What you need to know if you own or rent commercial property If you’re a business owner, it’s very likely you either own or rent a commercial property. Whether you are landlord or tenant, you need a solid understanding of commercial eviction laws to protect your rights and interests. Commercial property is not governed by the […]
The role of mediation in resolving eviction disputes
How mediation can resolve disputes and keep the case out of court Rental housing is a minefield. Tenants and landlords alike renege on the commitments they make in the lease agreement. Tenants stop paying rent, landlords refuse to return deposits. Tenants damage property, landlords unlawfully change locks. Tenants sublet without the landlord’s consent, landlords fail […]
Forced removals — the laws that determine land eviction in South Africa
Reprinted from the Daily Maverick, by Geoffrey Allsop – 2022-09-27 We explain in detail what the courts have ruled Since the Covid pandemic began, occupations of public land by destitute people have increased in various parts of the country. Below, we explain what the law currently says about when the government can lawfully remove people from […]
Cape Town passes unlawful occupations by-law, despite protest
Reprinted from Moneyweb, by Liezl Human (GroundUp) – 2021-10-01 Housing activist groups have condemned the Unlawful Occupations By-law which was passed by the City of Cape Town on Wednesday, saying that it will criminalise people in need of housing and those living in shacks. An amended Streets, Public Places and Prevention of Noise Nuisances By-law […]