Eviction Process in South Africa (2025) | Step-by-Step Legal Guide Under the PIE Act

From lease cancellation to the sheriff at the door — here’s the eviction roadmap in South Africa, step by step.

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

In this video, I’ll walk you through the full PIE Act eviction process — what the law requires, how to avoid delays, and the traps that cost landlords and occupiers time and money.

⚖️ Here’s the 7-Step Process

1️⃣ Cancel the lease / Notice to vacate
Serve a lawful cancellation (breach or expiry) and give a reasonable vacate date.
After that date, occupation becomes unlawful — the trigger for PIE.

2️⃣ Issue the court application
Choose your venue: Magistrates’ Court (usually faster) or High Court (for complex or large-scale matters).
Launch clean motion papers — incomplete filings waste months.

3️⃣ Court-authorised PIE s 4(2) notice
Get the court’s approval for service form and manner.
Sheriff serves the notice on the occupier and the municipality no less than 14 days before hearing.
It must state the hearing date, grounds for eviction, and occupier rights (including legal aid).

4️⃣ Affidavits & disclosure
– Landlord: lease, breach, arrears, safety issues, municipal correspondence.
– Occupier: defences, vulnerability, risk of homelessness, housing alternatives.
– Reply: concise updates, verified facts.

5️⃣ Hearing: The ‘just & equitable’ test
Courts weigh all circumstances — duration of occupation, conduct of parties, vulnerability, property rights, and safety.
If occupation more than 6 months, the court examines available alternative accommodation.

6️⃣ The order (vacate dates & conditions)
If eviction is granted, humane timelines are set — sometimes staggered.
The court may impose municipal conditions. Costs are often awarded by conduct.

7️⃣ Writ of ejectment & sheriff execution
If occupants don’t vacate, the writ authorises the sheriff to act — coordinating with SAPS where needed.

⚠️ Common Mistakes That Cause Delays
❌ No lawful cancellation → case collapses.
❌ Defective PIE s 4(2) notice → postponed or dismissed.
❌ Self-help (lockouts / cutting utilities) → spoliation orders & penalties.
❌ Missing records → credibility damage and wasted costs.

📘 Download My Free Eviction Playbook
It’s a one-page checklist with all 7 steps, required documents, timelines, and common traps.

📞 Need advice now?
Whether you’re a landlord or an occupier, we’ll guide you through the process lawfully and effectively.
📧 [email protected] | ☎️ 086 099 5146 | 🌐 www.sdlaw.co.za

#evictionlaw #PIEAct #SouthAfricanLaw #SimonDippenaar #PropertyLaw #TenantRights #LandlordRights #EvictionProcess #HousingRights #HighEQLaw #LawWithHeart