Landlords cannot simply evict their tenant as they’re protected by the Prevention of Illegal Eviction from Unlawful Occupation of Land Act, No. 19 of 1998 (PIE Act). The act applies to the occupation of premises which constitute a dwelling, which in the case of a landlord and tenant relationship would be the residential property.  Though this act is specifically written for residential properties, the same principals apply when it comes to commercial properties. 

 Step 1: Verbal Warning

If the agreed-upon payment date has come and gone, you should immediately contact your tenant to inform them of the overdue payment. If the tenant is facing financial difficulties, landlords may agree on a later payment date – however, you are not obligated to offer this.

Step 2: Written notice of contract breach

 Next, you should send your tenant a notice informing them that they have breached the lease agreement. Landlords should ensure that the lease agreement is comprehensive and in line with the Consumer Protection Act (CPA). According to the CPA, landlords are required to provide a notice of at least 20 business days to their tenant to allow them to rectify the breach.

Step 3: An interdict or cancellation

Should the tenant fail to rectify the breach within the given timeframe, the landlord has two options – proceed with a summons or immediately cancel the agreement. If, after the summons is issued, tenants still have not made any attempt to pay the outstanding rental amount, landlords are within their right to cancel the lease agreement.

Step 4: Eviction process

 If the agreement is cancelled, tenants will no longer fall under the protection of the PIE Act and will be regarded as an illegal occupier. According to the PIE Act, the landlord will then be able to evict their tenant legally. Once the lease is cancelled, landlords can initiate the summons proceedings and the eviction proceedings simultaneously.

 Step 5: Eviction notice

The application to evict an illegal occupier must be made to either a Magistrate’s Court or the High Court. If the application is unopposed, it can take between 8-10 weeks for the eviction order to be granted. It’s common practice to provide the tenant with at least another 14 days to find new accommodation before the eviction order is executed.