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  • iLawyer

    [THE ONLINE DOCUMENT BUILDER]

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Generate your own legal
Eviction Notice
document online now and get your tenant to vacate (also the 2nd step in a lawful eviction).


15 Minutes to complete   
 Pay R299 online     Customised legal document emailed to you.

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Frequently Asked Questions

What is the Eviction Procedure in South Africa?

There are 3 steps to eviction in South Africa:

Step 1: Letter of demand (give the tenant a chance to pay and/or rectify their breach)

Step 2: Eviction Notice (if the tenant does not rectify their breach from Step 1)

Step 3: Application to Court to get an Eviction Order (if the tenant does not leave according to the Eviction Notice; you will need an attorney for this)

You must follow the above order otherwise a court will not entertain an eviction application.

iLawyer allows you to do steps 1 and 2.

All you need to do is complete our online questionnaires and make payment; then your customised document will be sent to you by email within 30 minutes.

You can go directly to the online questionnaires using the below links:

This product is Step 2 of the Eviction Process.

Do I need a lawyer to evict a tenant in South Africa?

You do not need a lawyer for Step 1 (give the tenant a chance to pay and/or rectify their breach) or Step 2 (if the tenant does not rectify their breach from Step 1) of the eviction process.

However, Step 3 is an application to Court and you will likely need a Lawyer/attorney for that.

Is an "Eviction Notice" the same as an "Eviction Order"?

No.

In the Eviction process, an Eviction Notice is Step 2 and an Eviction Order is Step 3.

  • An Eviction Notice is a letter to the tenant from the landlord, informing that they (the tenant) have failed to correct the breach of their tenancy for the property.  The letter confirms that any lease or occupation is cancelled and that they (the tenant) must vacate the property within a certain time.  This letter, on its own, does not force the tenant to leave but it may encourage the tenant to leave.  the letter is however a necessary step before approaching a court for help.  It can also be called a “Cancellation Letter”.
  • An Eviction Order is given by a Court.  The Court application is an involved process that you will likely need a lawyer/attorney to help with.  The Court will hear your application and the defence of the tenant (if they chose to oppose the matter) and decide whether to grant to Eviction Order or not.  An Eviction Order can be used to force the tenant to leave the property.

You can create an Eviction Notice with iLawyer, but for an Eviction Order, you will need to talk to an attorney.  To find an attorney you can look at iLawyer Directory which is a website containing details for attorneys across South Africa.  The cost of these attorneys varies and you will need to discuss fees with them directly.  You can search locations and specialities using your province or the innovative map.  Use the below link to start searching.

iLawyer Directory

 

Who will send the Eviction Notice to the tenant?

PLEASE NOTE: You are responsible for sending the Eviction Notice to the tenant/occupier; iLawyer does not act as an attorney or Law Firm and does not provide legal advice.

Which document do I need?

STEP 1
Has the tenant done something wrong?

You need to tell the Tenant that they have done something wrong (e.g. not paying rent); and at the same time give them a chance to fix the problem, this is call a LETTER OF DEMAND.

 

Evictions that are based on a Letter of Demand (i.e. the Tenant is in Breach) are more likely to succeed if the Tenant opposes the eviction or does not co-operate.

If the Tenant HAS NOT done anything wrong but you want them to leave the property, you need to give them a TERMINATION NOTICE; this notice is intended to cancel the Tenant's occupation and you need to give them to right notice period (time) for the termination to be valid.

The right notice period is usually mentioned in the Lease.  If there is no mention of the notice period in the Lease or there is no Lease, then you need to give 1 (one) full calendar month notice.

Evictions that are based on the Landlord's wish to end to Tenant's occupation without any Beach by the Tenant are difficult evictions if the Tenant opposes the eviction or does not co-operate.

STEP 2
Eviction Notice

The tenant did something wrong; you gave them a LETTER OF DEMAND ... and the tenant has failed to act as you have demanded in the time you demanded.

 NOW give the Tenant an EVICTION NOTICE.

You cannot give them an eviction notice if they have acted as you demanded.

You gave the Tenant a TERMINATION NOTICE and the Tenant did not leave the property in the time you gave them.

NOW give the Tenant an EVICTION NOTICE.

STEP 3
Eviction application to Court

NOW make an application to Court to order that the Tenant vacates the property ... the order is called an EVICTION ORDER or EJECTMENT ORDER.

 You will usually need a lawyer to do the application for you.

If you have signed a lease you will normally be able to get the correct dates, notice periods, and procedure from there.  If you do not have a lease or the lease has expired, you may have to rely on what is reasonable or Common Law. If the occupant still will not leave you will need to launch legal proceeding through the Courts and these letters/notice will form part of your Court papers.

 

ANY QUESTIONS?  GET IN TOUCH.

 

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