Landlord vs Tenant Rights in South Africa | What the Law Really Says About Evictions

Property rights matter. So does human dignity.

I’m Simon Dippenaar, attorney at SD Law in Cape Town.

We act for both landlords and occupiers, and in this video I unpack how South African law actually balances both sides in eviction matters — what you can do, what you can’t, and how to avoid costly mistakes.

⚖️ In this video you’ll learn:

1️⃣ Landlord rights
• How to cancel a lease lawfully (breach or expiry).
• How to reclaim possession through court — Magistrates’ or High Court.
• How to claim arrears and holding-over damages.
• Why the Magistrates’ Court is often faster for straightforward matters.

2️⃣ Landlord limits
• No self-help: changing locks, cutting power, removing doors/windows, intimidation — all unlawful.
• These acts trigger spoliation orders and can attract criminal or civil penalties.

3️⃣ Occupier rights
• The right to due process — proper PIE Act s 4(2) notice served ≥14 days before hearing.
• The right to raise vulnerability (children, elderly, disabled) and risk of homelessness.
• The right to a fair, “just & equitable” outcome; only courts can evict (not the Tribunal).

4️⃣ Where the line is drawn
Courts balance property rights with human dignity.
If landlords show valid cancellation, clean procedure, and humane timelines, they usually succeed.
If occupiers prove procedural defects, vulnerability, or missing municipal plans, courts can delay or condition orders.

5️⃣ Fast myths & mistakes
❌ “The Tribunal can evict.” — False. Only courts can.
❌ “I can just change the locks.” — False. That’s unlawful.
Common landlord mistake: defective s 4(2) notice or missing municipal notice.
Common tenant mistake: ignoring the notice instead of responding.

6️⃣ Checklist for both sides
Landlords: cancel lawfully, serve correctly, avoid self-help, keep records.
Occupiers: read the notice, respond with facts, raise vulnerability early, seek help.

💡 Key takeaway:
Evictions are law-driven and people-centred. Follow the process and the law will protect you.

📘 Free resource: Download my Eviction Playbook — a one-page checklist covering the seven key steps, documents, timelines, and traps to avoid.

📞 Need help? Book a consultation with SD Law for expert guidance.
📧 [email protected] | ☎️ 086 099 5146 | 🌐 www.sdlaw.co.za

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