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An eviction is a legal process. Property owners cannot simply remove an occupant because a lease has ended, rent has not been paid or the owner wants possession of the property.
South African eviction law provides important protections for people facing eviction, while also recognising the rights of property owners.
At PM Attorneys, we help clients navigate this balance. We assess the circumstances surrounding the occupation, the relevant agreements and the legal requirements before advising on the appropriate course of action.
Whether you are a landlord trying to recover possession of your property or an occupant facing eviction proceedings, obtaining legal advice can help you understand where you stand and what should happen next.
An eviction is the lawful removal of a person or persons from property where they do not have a legal right to remain in occupation.
In South Africa, eviction proceedings are subject to specific legal requirements. The process can depend on factors such as the type of property, the circumstances of the occupation, any lease agreement in place and the rights of the people living at the property.
A property owner generally needs to follow the appropriate legal process rather than taking matters into their own hands.
Because eviction matters can involve significant property and personal rights, it is important to obtain legal advice before taking action.
Sometimes the problem isn’t that you want someone out. It’s that you have no workable way forward.
Property owners may seek legal assistance when:
However, the existence of one of these circumstances does not automatically mean an eviction can proceed immediately. The legal requirements and circumstances of each matter need to be assessed.
The right process matters just as much as the outcome.
The proceedings can have serious consequences for everyone involved. That’s why we take the time to understand the circumstances before recommending a course of action.
We review the occupation, lease agreement, payment history, correspondence and other relevant information.
We consider the rights and obligations of the parties and identify the appropriate legal process for the matter.
We provide practical legal guidance so you understand what can be done, what the process involves and what risks may need to be considered.
Where eviction proceedings are appropriate, we assist with the required legal steps and representation.
Our objective is to help resolve the matter lawfully while protecting our client’s interests throughout the process.
Eviction law can be complex, and taking the wrong step can create unnecessary delays or legal complications.
When you work with PM Attorneys, you benefit from:
We help you understand the process before you take the next step.
We assist property owners and landlords with residential eviction matters involving tenants or other occupants who may no longer have a legal right to remain on the property.
Commercial properties can present different legal and practical considerations. We assist property owners and businesses with eviction matters involving commercial premises.
Unpaid rent can create significant financial pressure for property owners. We provide legal advice regarding the available options when rental obligations are not being met.
A breach of a lease may create legal grounds for further action, depending on the circumstances and the terms of the agreement. We assist clients in understanding their rights and available remedies.
We assist property owners dealing with circumstances where individuals occupy property without the required consent or legal right to remain there.
If you are facing eviction proceedings, it is important to understand your rights before responding. We provide legal advice and representation to occupants who need assistance with eviction matters.
Where formal legal proceedings are required, our attorneys assist with the relevant legal process and representation to help protect our client’s interests.
An eviction generally requires compliance with the applicable legal process and a court order. Property owners should obtain legal advice before attempting to remove an occupant themselves.
There is no fixed timeframe. The duration can depend on the circumstances of the occupation, the response of the occupant, the court process and other factors affecting the matter.
Non-payment of rent may provide grounds for further legal action, depending on the lease agreement and circumstances. The appropriate eviction process must still be followed.
Yes. Occupants facing eviction have legal rights and may raise relevant grounds in response to eviction proceedings. Anyone facing eviction should obtain legal advice as soon as possible.
The absence of a written lease does not automatically determine whether an eviction can take place. The circumstances of the occupation and the legal rights of the parties must be considered.
A landlord or property owner should not simply remove the person. Depending on the circumstances, the appropriate legal process may need to be followed to obtain possession of the property.
Yes. Our attorneys assist with eviction matters involving commercial properties, including disputes arising from commercial lease agreements and occupation.
Whether you’re facing a legal challenge today or planning for tomorrow, the right guidance and our practice areas can make all the difference. Let’s discuss your situation, explore your options and help you take the next step with confidence.
At PM Attorneys whether you’re protecting your family, your property or your business, every decision we make is focused on helping you move beyond uncertainty and towards the outcome you’re working to achieve.
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