Can a landlord evict you if you have nowhere to go in South Africa?
- Jonker Vorster Attorneys
- Mar 27
- 5 min read
Understanding Tenant Rights in South Africa
Eviction is a stressful and often overwhelming experience, especially when a tenant has nowhere to go. However, South African law provides legal protections to tenants, ensuring that landlords follow the correct procedures before removing a tenant from a property. This blog explores the rights of tenants, the legal eviction process, and what options are available if you are facing eviction with no alternative accommodation.
Is It Legal to Evict a Tenant Who Has Nowhere to Go?
Under South African rental laws, a landlord cannot evict a tenant without following legal procedures, even if the tenant has nowhere to go. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) protects tenants from unlawful evictions and ensures that the courts consider the tenant's circumstances before granting an eviction order.
The law aims to prevent arbitrary evictions and balances the rights of both landlords and tenants. This means that even if a tenant has defaulted on rent, they still have the right to a fair eviction process that considers their personal and financial situation.
The Legal Eviction Process in South Africa
A landlord cannot simply force a tenant out or remove their belongings from the property. The following steps must be followed:
Give Notice to Vacate – The landlord must provide a written notice asking the tenant to vacate the property. The notice period depends on the agreement, but a reasonable period (typically 30 days) is expected for month-to-month rentals.
Apply for an Eviction Order – If the tenant refuses to vacate, the landlord must apply for an eviction order from the Magistrate’s Court or High Court.
Court Hearing – The court will evaluate the eviction request and consider factors such as the tenant’s ability to find alternative accommodation and their financial situation.
Issuing of Eviction Order – If the court grants an eviction order, it will set a reasonable time frame for the tenant to vacate.
Sheriff Enforces the Eviction – If the tenant does not leave by the deadline, the sheriff of the court will remove them from the property.
If a tenant can prove that they have no alternative accommodation, the court may delay or deny the eviction until a reasonable solution is found.
Factors Courts Consider Before Granting an Eviction
When reviewing an eviction case, South African courts consider several factors:
The tenant’s financial situation – If the tenant has lost their income and is struggling to find housing.
Availability of alternative accommodation – The tenant must show they have made efforts to secure another place to stay.
Impact on vulnerable individuals – If the tenant has children, elderly people, or disabled individuals dependent on them, the court may grant them extra time to relocate.
Conduct of the landlord – If the landlord has been unreasonable, such as increasing rent unfairly or refusing to negotiate a payment plan.
If the tenant presents a valid argument, the court may postpone the eviction to allow them to find alternative accommodation.
What If a Tenant Cannot Find Alternative Housing?
If a tenant is evicted and has nowhere to go, they may have the right to emergency housing provided by the local municipality. In some cases, courts order municipalities to provide alternative accommodation if an eviction would leave a tenant homeless.
Steps a Tenant Can Take:
Consult an Attorney – Legal professionals can help tenants challenge an unfair eviction in court.
Apply for Assistance from the Rental Housing Tribunal – The Rental Housing Tribunal can mediate disputes and help tenants negotiate a longer notice period.
Request Emergency Housing – If eviction would leave a tenant homeless, they can approach their municipality for temporary housing.
Negotiate with the Landlord – If the eviction is based on unpaid rent, tenants should try to negotiate a payment plan or request more time to move out.
Can a Landlord Cut Off Water or Electricity to Force an Eviction?
No, it is illegal for a landlord to cut off essential services such as water, electricity, or refuse collection to force a tenant to leave. The Rental Housing Act prohibits landlords from using such tactics, and tenants can report them to the Rental Housing Tribunal for urgent intervention.
If a landlord cuts off utilities unlawfully, tenants can:
File a complaint with the Rental Housing Tribunal.
Request an urgent court order to restore services.
Seek damages for inconvenience and hardship caused by the landlord’s actions.
Can a Tenant Stop an Eviction?
A tenant facing eviction can challenge the eviction in court if:
The landlord has not followed proper legal procedures.
The eviction is based on unfair or discriminatory practices.
They have nowhere to go and need time to secure housing.
Legal intervention may delay or prevent eviction if a strong case is presented.
The Role of the Rental Housing Tribunal
The Rental Housing Tribunal is an independent body that resolves disputes between landlords and tenants. Tenants can approach the tribunal if they believe their rights are being violated, such as in cases of:
Unlawful eviction attempts.
Disconnection of essential services.
Unreasonable rent increases.
Refusal by a landlord to return a deposit.
The tribunal has the power to issue binding rulings and enforce compliance with rental laws.
FAQ about eviction
Can a landlord evict a tenant who has nowhere else to stay?
Yes, but the eviction must follow South African rental laws. The landlord must obtain a court-issued eviction order, and the court will consider the tenant's circumstances before approving the eviction.
What protections do tenants have against eviction if they have no alternative housing?
Does the government provide housing assistance for evicted tenants?
How long does the eviction process take?
Can a landlord remove a tenant without a court order?
Conclusion: What Should Tenants Do If They Are Facing Eviction?
If a tenant has nowhere to go, they must act quickly to understand their rights and explore available options. Legal assistance, mediation, and municipal housing support can help tenants secure more time or alternative accommodation.
The key takeaways for tenants:
✅ A landlord cannot evict you without a court order.
✅ You may qualify for emergency housing if you have nowhere to go.
✅ Cutting off utilities to force an eviction is illegal.
✅ You can challenge an eviction if due process was not followed.
If you are facing an eviction and need legal guidance, contact Jonker Vorster Attorneys. Our experienced team can assist with tenant rights, eviction disputes, and rental law compliance.
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