Owning a rental property can be an excellent way to build wealth, but what happens when a tenant stops paying rent or breaches the lease agreement? Many landlords assume they can simply change the locks, disconnect the electricity, or tell the tenant to leave. In South Africa, doing so is illegal. Evicting a tenant is a legal process governed primarily by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Landlords who fail to follow the correct procedure can find themselves facing lengthy delays, unnecessary legal costs, and even legal action against them. At A+ Properties, we believe the best eviction is the one that never becomes necessary. Through professional tenant screening, comprehensive lease agreements, regular inspections, and proactive property management, we help landlords significantly reduce the risk of reaching the eviction stage.

Can You Evict a Tenant Yourself?

No. Even if:

• The tenant has not paid rent for several months.
• The lease has expired.
• The tenant has damaged the property.
• The tenant refuses to leave.

You cannot legally:

• Change the locks.
• Remove the tenant's belongings.
• Disconnect electricity or water to force them out.
• Intimidate or harass the tenant.
• Enter the property without following the law and the lease agreement.

These actions are commonly referred to as "self-help" and are unlawful. Only a court can grant an eviction order.

When Can a Landlord Start the Eviction Process?

A landlord may have grounds to begin the legal process where a tenant:

• Fails to pay rent.
• Repeatedly pays late.
• Causes serious damage to the property.
• Uses the property for illegal purposes.
• Breaches significant terms of the lease.
• Refuses to vacate after the lease has lawfully ended.

However, the landlord should first follow the procedures set out in the lease agreement and applicable law before approaching the court.

Step 1: Attempt to Resolve the Problem

Most disputes should begin with communication. Sometimes tenants experience temporary financial hardship. A professional property manager will often:

• Contact the tenant promptly.
• Discuss payment arrangements where appropriate.
• Record all communication.
• Keep the landlord informed.

Early intervention frequently prevents matters from escalating.

Step 2: Issue a Letter of Demand

If the tenant remains in breach, the landlord or managing agent should issue a formal written demand in accordance with the lease and applicable law. The letter typically:

• Explains the breach.
• Specifies what must be done.
• Gives the tenant an opportunity to remedy the breach within the applicable time period.

Many disputes are resolved at this stage without court proceedings.

Step 3: Cancel the Lease (Where Appropriate)

If the tenant fails to remedy the breach after receiving the required notice, the landlord may be entitled to cancel the lease in accordance with its terms and the law. Once cancelled, the tenant may become an unlawful occupier if they remain in the property.

Step 4: Apply to Court

If the tenant refuses to leave, the landlord must apply to court for an eviction order. The court will consider:

• Whether the legal process has been followed.
• The tenant's circumstances.
• The rights of both parties.
• Whether granting an eviction would be just and equitable under the PIE Act.

If satisfied, the court may grant an eviction order and specify the date by which the tenant must vacate.

Step 5: Sheriff Carries Out the Eviction

If the tenant still refuses to leave after the court order, the Sheriff of the Court is responsible for enforcing the eviction. Landlords should never attempt to remove tenants themselves.

How Long Does an Eviction Take?

There is no fixed timeframe. The duration depends on factors such as:

• Whether the tenant defends the application.
• Court availability.
• Compliance with legal procedures.
• The facts of the particular case.

Some matters resolve relatively quickly, while contested matters can take considerably longer.

What Does an Eviction Cost?

Every matter is different, but landlords should budget for costs such as:

• Attorney's fees.
• Sheriff's fees.
• Court application costs.
• Service of legal documents.
• Possible tracing costs.
• Lost rental income during the process.
• Property repairs after the tenant vacates.

These expenses can easily amount to many thousands—or even tens of thousands—of rand, particularly if the matter is contested or the property remains vacant afterwards. The indirect costs, such as months of lost rental income, are often even greater than the legal expenses.

Prevention Is Far Cheaper Than Eviction

The most cost-effective eviction is the one that never has to happen. Professional property management focuses on reducing the likelihood of serious problems by:

• Carefully screening tenants before occupation.
• Confirming affordability.
• Conducting credit checks.
• Verifying employment.
• Contacting previous landlords.
• Using professionally drafted lease agreements.
• Conducting detailed entry inspections.
• Monitoring the tenancy.
• Acting quickly when rent falls into arrears.

By identifying potential problems early and addressing them professionally, many disputes can be resolved before legal action becomes necessary.

How A+ Properties Helps Landlords Avoid Eviction

At A+ Properties, we don't simply collect rent. We actively help landlords reduce risk from the moment a property is advertised. Our services include:

Professional Tenant Vetting

We perform comprehensive screening that may include:

• Credit checks.
• Employment verification.
• Affordability assessments.
• Identity verification.
• Previous landlord references.

This helps reduce the likelihood of placing unsuitable tenants.

Professionally Drafted Lease Agreements

Clear lease agreements reduce misunderstandings and provide a strong contractual foundation if problems arise.

Rent Collection and Arrear Management

Late payments are dealt with promptly through structured communication and follow-up. Early intervention often prevents small issues becoming major legal disputes.

Routine Property Inspections

Regular inspections help identify maintenance concerns, unauthorised occupants, and other issues before they become expensive problems.

Professional Documentation

Good record-keeping is invaluable if legal action ever becomes necessary. Inspection reports, communication records, payment histories, and maintenance records can all assist in resolving disputes.

The Cost of Professional Management Is Often Less Than One Bad Tenant

Many landlords choose to self-manage to save on management fees. Unfortunately, one poor tenant can cost far more than several years' worth of professional management. When you consider:

• Lost rent.
• Legal expenses.
• Property damage.
• Vacancy periods.
• Time away from work.
• Stress.

Professional management becomes an investment rather than an expense.

Protect Your Investment Before Problems Begin

Your rental property is likely one of your biggest financial assets. Protecting that investment starts long before an eviction becomes necessary. Choosing the right tenant, using the correct legal documentation, conducting proper inspections, and managing the tenancy professionally can significantly reduce your exposure to costly disputes.

Contact A+ Properties Today
If you're renting out a property in Boksburg, Benoni, Germiston, Kempton Park, Edenvale, Alberton, or anywhere in the East Rand, let A+ Properties help you minimise risk and maximise your rental returns. Our services include: ✅ Professional Rental Valuations ✅ Comprehensive Tenant Vetting ✅ Credit & Affordability Checks ✅ Employment & Reference Verification ✅ Professionally Drafted Lease Agreements ✅ Tenant Placement Services ✅ Entry & Exit Inspection Guidance ✅ Full Property Management Don't wait until you're facing unpaid rent, legal costs, or an eviction. Contact A+ Properties today and let our experienced team help you place the right tenant, manage your property professionally, and reduce the risk of costly disputes before they happen.

Frequently Asked Questions



Can I change the locks if my tenant stops paying rent?

No. Changing the locks without a court order is generally unlawful and could expose you to legal consequences.

Can I disconnect the electricity or water?

No. Deliberately cutting off services to force a tenant to leave is generally considered unlawful self-help.

Can I remove the tenant's belongings?

No. Only the Sheriff acting under a court order can lawfully enforce an eviction.

Is eviction always necessary?

No. Many disputes can be resolved through communication, payment arrangements, or early intervention before court proceedings become necessary.