Eviction Lawyer
What is an Eviction?
An eviction is the legal process of removing a tenant from a property, typically due to non-payment of rent, lease violations, or the expiration of a lease agreement. In South Africa, evictions are governed by strict laws to protect both landlords and tenants.
What Does an Eviction Lawyer Do?
An eviction lawyer represents either landlords or tenants during the eviction process, ensuring legal compliance with eviction procedures, drafting necessary documents, appearing in court, and advising clients on their rights and obligations. At Goldman Schultz Attorneys, we offer expert guidance to navigate these often complex legal processes.
Tenant Rights
Residential property tenants have specific rights under South African law, including protection from unlawful eviction and the right to due legal process before being asked to vacate. Under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), tenants cannot be evicted without a court order, ensuring their rights are protected throughout the process. The PIE Act does not apply to commercial or industrial property.
Landlord Rights
Landlords have the right to evict tenants who breach their lease agreement, provided the correct legal steps are followed. This includes providing sufficient notice, applying for a court order, and following the procedures laid out in the PIE Act or the Extension of Security of Tenure Act (ESTA), depending on the property type.
The Tenant Eviction Process
- Notice to Vacate: The landlord provides the tenant with written notice to vacate the property.
- Court Application: If the tenant refuses to leave, the landlord must apply to the court for an eviction order.
- Court Hearing: Both parties present their case in court. The court assesses whether the eviction is justified and complies with the law.
Eviction Order: If the court grants the eviction, the tenant must vacate by the date specified. If they refuse, a sheriff can enforce the eviction.
Applicable Eviction Laws
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act): Governs residential evictions and ensures that tenants cannot be evicted without a court order.
Extension of Security of Tenure Act (ESTA): Applies to tenants living on rural land and ensures that they cannot be evicted without following proper legal procedures.
Why Choose Goldman Schultz?
At Goldman Schultz, we understand the complexity of eviction laws and the emotional toll on both landlords and tenants. With Andrea Goldman personally handling residential and commercial eviction matters, you receive focused attention from a specialist with deep knowledge of South African eviction laws. Our client-centric approach ensures your rights are protected, and the process is as smooth as possible.
Andrea Goldman – Specialist Eviction Lawyer
Andrea Goldman is a seasoned attorney with expertise in eviction law.
Her deep understanding of both tenant and landlord rights allows her to provide strategic advice tailored to each client’s needs.
Whether you’re a landlord facing a difficult tenant or a tenant unfairly threatened with eviction, Andrea’s hands-on approach ensures personalised, professional service throughout the process.
Need help with an eviction? Contact Goldman Schultz today to schedule a consultation with Andrea Goldman, our specialist in eviction law.
Eviction Lawyer FAQ – South Africa
How much does an eviction lawyer cost in South Africa?
Eviction lawyer fees vary depending on the complexity of the case. Legal fees can range from R10,000 to R200,000 or more, depending on whether the case goes to court, is opposed by the other party and how long the process takes to bring to finality
How long does it take to evict a tenant in South Africa?
Evicting a tenant can take between 6 weeks and several months. Delays can occur depending on the tenant’s response and court availability.
How do I fight an eviction in South Africa?
To contest an eviction, a tenant should file a defense or opposition in court, demonstrating either that proper legal procedures were not followed or that the eviction is unjust.
How do I evict a tenant without a lease in South Africa?
Even without a lease, an eviction still requires a court order. Landlords must follow the PIE Act and provide proper notice, regardless of whether a formal lease exists.
Can a landlord evict you if you have nowhere to go?
In South Africa, courts consider whether an eviction would leave the tenant homeless. The court may delay the eviction to give the tenant time to find alternative accommodation.
What are the requirements for eviction notice in South Africa?
A written notice must be given, generally in accordance with the terms of the agreement of lease, if written, to the tenant, stating the landlord’s intention to evict and providing the tenant an opportunity to rectify the issue if it arises from the breach of an agreement of lease or sale, such as paying outstanding rent or occupational rental.
What is the fastest you can evict a tenant?
In urgent cases, an eviction order can be granted within a few weeks. However, the landlord must demonstrate substantial urgency, such as a tenant causing significant damage to the property.
How to deal with non-paying tenants?
Landlords can issue a formal notice demanding payment and, if unresolved, initiate eviction proceedings. It’s important to follow legal procedures to avoid disputes.
Can a tenant refuse to pay rent?
A tenant cannot legally withhold rent unless the landlord fails to meet obligations, like property maintenance however agreements of lease often prohibit failure to pay rental for any reason. Disputes over rent should be settled in court or through mediation.
Where do I report unfair eviction?
Unfair evictions can be reported to the Rental Housing Tribunal, which can mediate between landlords and tenants. Alternatively, tenants can approach legal aid services or the courts.
Can you oppose an eviction notice?
Yes, tenants can oppose an eviction by filing papers in court and attending the eviction hearing. Grounds for opposition may include procedural errors or unjust reasons for eviction.
How long can a tenant stay without paying rent in South Africa?
There is no set period; however, after failing to pay rent, the landlord can initiate eviction proceedings if the tenant doesn’t resolve the issue after notice.
How to get an eviction letter?
An eviction letter (notice to vacate or breach letter) is drafted by the landlord, notifying the tenant of the breach in the lease (e.g., non-payment). It must give the tenant a fair opportunity to rectify the issue before applying for eviction in court.
How long does it take to get a court order for eviction?
It can take anywhere from a few weeks to several months to obtain a court order, depending on court schedules and tenant responses.
How much does an eviction order cost in South Africa?
The cost to obtain an eviction order, including legal fees, can range between R10,000 and R200,000, depending on the complexity and the length of the process.
Can my landlord evict me if I have no contract?
Yes, a landlord can still evict a tenant without a written lease, but they must follow the legal eviction process, including obtaining a court order.
Can a tenant be evicted immediately?
No, immediate eviction is illegal in South Africa. Landlords must follow legal procedures, including applying for a court order and giving sufficient notice.
What can a landlord not do in South Africa?
A landlord cannot forcefully evict a tenant, cut off utilities, or lock a tenant out of the property without a court order. These actions are unlawful l under the PIE Act and in terms of South Africa’s common law.How much notice must a tenant give a landlord before moving out in South Africa?
A tenant must be given written notice before vacating a property, the time frame of which may vary depending on the lease agreement.
What does South African law say about eviction?
South African law, particularly the PIE Act and ESTA, requires landlords to follow legal procedures, including giving notice and obtaining a court order before eviction.
Do tenants pay for refuse?
Generally, refuse removal is included in municipal services, which tenants may be responsible for depending on the lease agreement.
How to get rid of a tenant who is not paying rent?
The landlord should follow legal eviction procedures by issuing notice, applying for an eviction order, and adhering to court processes.
Can a landlord lock you out in South Africa?
No, locking out a tenant without a court order is illegal under the PIE Act.
How do I contest an eviction?
You can contest an eviction by filing an opposition in court, where the tenant must present valid reasons, such as improper legal process or an unfair eviction.
Where to report unlawful eviction?
Illegal evictions should be reported to the Rental Housing Tribunal or local courts for immediate intervention.However, in order to set aside an unlawful eviction, you will need to proceed with an application to be returned to the property. This will likely require the assistance of a lawyer / attorney.
What are my occupation rights as a tenant in South Africa?
Tenants have the right to a legal eviction process, proper notice, and fair treatment under the PIE Act. They cannot be evicted without a court order.
What is the notice of motion for eviction in South Africa?
A notice of motion for eviction is a formal document filed with the court, requesting an eviction order based on a tenant’s breach of the lease or unlawful occupation.
How to evict residential illegal occupants in South Africa?
Landlords must apply for an eviction order under the PIE Act, regardless of whether the occupant is a formal tenant or not.
How much does a sheriff charge to evict someone?
Sheriff fees for executing an eviction order vary depending on the complexity and the region, number of occupiers, size of property and whether a locksmith is required.
How to get a court order for eviction?
A landlord must apply to the court with all necessary documentation, including a notice of motion and supporting affidavits. The court will schedule a hearing to decide whether to grant the eviction order.
How do I open a case against someone who owes me money?
To open a case, you need to file a claim in the Small Claims Court (if the debt is under R20,000) or in the Magistrate’s Court. A lawyer can assist with preparing the necessary legal documents.