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Eviction Notice Template – South Africa
An eviction notice formally notifies a tenant or occupant that they must vacate a property. In South Africa, eviction is strictly governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) — a court order is required before any person may be evicted. Our template helps landlords start the process correctly.
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Nkosi Properties (Pty) Ltd
14 Maude Street, Sandton, Johannesburg 2196
+27 11 234 5678
legal@nkosiprop.co.za
25 April 2026
Zanele Mokoena
22 Main Road, Apartment 4, Johannesburg 2001
RE
NOTICE TO VACATE — 22 Main Road, Apartment 4, Johannesburg 2001
Dear Zanele Mokoena,
IMPORTANT NOTICE — PLEASE READ CAREFULLY
This is a formal notice to vacate the premises situated at 22 Main Road, Apartment 4, Johannesburg 2001 ("Premises") issued to you by Nkosi Properties (Pty) Ltd ("Landlord"). This is a notice to vacate — it is NOT a court order. You are not yet required by a court to leave, but the Landlord intends to commence court proceedings if you do not comply with this notice.
This is a formal notice to vacate the premises situated at 22 Main Road, Apartment 4, Johannesburg 2001 ("Premises") issued to you by Nkosi Properties (Pty) Ltd ("Landlord"). This is a notice to vacate — it is NOT a court order. You are not yet required by a court to leave, but the Landlord intends to commence court proceedings if you do not comply with this notice.
GROUNDS FOR NOTICE
You are hereby required to vacate and surrender vacant occupation of the Premises on or before 31 May 2026 on the grounds of non-payment of rent. The applicable notice period under this notice is 1 month. As at the date of this notice, the total rental arrears outstanding are ZAR 28 500,00. All arrears, plus any further rental that falls due, must be paid in full by the vacate date.
You are hereby required to vacate and surrender vacant occupation of the Premises on or before 31 May 2026 on the grounds of non-payment of rent. The applicable notice period under this notice is 1 month. As at the date of this notice, the total rental arrears outstanding are ZAR 28 500,00. All arrears, plus any further rental that falls due, must be paid in full by the vacate date.
LEGAL POSITION — PIE ACT
The Landlord is legally obligated to inform you that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) prohibits self-help eviction. The Landlord may not remove you from the Premises, cut off utilities, remove windows or doors, or take any other self-help action to force you to leave. If you do not vacate by 31 May 2026, the Landlord will apply to the Magistrates' Court or High Court for an order for your eviction in accordance with the PIE Act and the Magistrates' Courts Act 32 of 1944 or the Superior Courts Act 10 of 2013, as applicable.
The Landlord is legally obligated to inform you that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) prohibits self-help eviction. The Landlord may not remove you from the Premises, cut off utilities, remove windows or doors, or take any other self-help action to force you to leave. If you do not vacate by 31 May 2026, the Landlord will apply to the Magistrates' Court or High Court for an order for your eviction in accordance with the PIE Act and the Magistrates' Courts Act 32 of 1944 or the Superior Courts Act 10 of 2013, as applicable.
RIGHT TO LEGAL ASSISTANCE
You have the right to oppose the eviction application in court. If you cannot afford legal representation, you may contact Legal Aid South Africa (Tel: 0800 110 110) for assistance. You may also approach the Rental Housing Tribunal established under the Rental Housing Act 50 of 1999 in the relevant province for disputes relating to residential leases.
You have the right to oppose the eviction application in court. If you cannot afford legal representation, you may contact Legal Aid South Africa (Tel: 0800 110 110) for assistance. You may also approach the Rental Housing Tribunal established under the Rental Housing Act 50 of 1999 in the relevant province for disputes relating to residential leases.
ACTION REQUIRED
You are required to: (a) vacate and surrender the Premises by 31 May 2026; (b) return all keys and access devices to the Landlord; and (c) leave the Premises in a clean and undamaged condition. If you have already vacated or made payment arrangements, please contact the Landlord immediately at the details above.
You are required to: (a) vacate and surrender the Premises by 31 May 2026; (b) return all keys and access devices to the Landlord; and (c) leave the Premises in a clean and undamaged condition. If you have already vacated or made payment arrangements, please contact the Landlord immediately at the details above.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to vacate the Premises by the date stated above, the Landlord will: (a) apply to court for an order compelling your eviction under the PIE Act; (b) claim all outstanding rental, damages, legal costs, and any other amounts due; and (c) seek an award of costs on an attorney-and-client scale. You are strongly advised to take this notice seriously and to seek legal advice.
If you fail to vacate the Premises by the date stated above, the Landlord will: (a) apply to court for an order compelling your eviction under the PIE Act; (b) claim all outstanding rental, damages, legal costs, and any other amounts due; and (c) seek an award of costs on an attorney-and-client scale. You are strongly advised to take this notice seriously and to seek legal advice.
YOURS FAITHFULLY,
Nkosi Properties (Pty) Ltd
Landlord / Authorised Representative
Date: ____________________
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What Is an Eviction Notice in South Africa?
An eviction notice in South Africa is a formal written notice from a landlord to a tenant or occupant requiring them to vacate the property. It sets out the grounds for eviction — typically breach of the lease (non-payment of rent, damage to the property, or illegal use) or the natural expiry of the lease term — and the date by which the tenant must vacate. An eviction notice is the first formal step in the eviction process and is a prerequisite to applying to court for an eviction order.
South African eviction law is among the most protective in the world. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) prohibits any person — including a registered owner — from evicting an occupant from their home without first obtaining a court order. Self-help evictions (physically removing tenants, changing locks, or cutting utilities) are illegal in South Africa and may constitute criminal conduct. Section 26(3) of the Constitution of the Republic of South Africa, 1996 specifically provides that no one may be evicted from their home without a court order made after considering all relevant circumstances.
For residential tenancies, the Rental Housing Act 50 of 1999 (as amended by Act 35 of 2014) governs the relationship between landlord and tenant in South Africa. The landlord must cancel the lease by giving the required contractual or statutory notice before applying to court for eviction. For tenants who have not paid rent, the landlord must first issue a breach notice under the lease or the Rental Housing Act, allow the tenant a reasonable opportunity to remedy the breach, and then cancel the lease before applying to court. The Rental Housing Tribunal may be used to resolve rental disputes before resorting to eviction proceedings in the Magistrates' Court or High Court. POPIA 4 of 2013 applies to the personal information of tenants processed during the eviction process.
What's Covered in This Template
Our South African eviction notice template provides a formal, legally structured notice to a tenant or occupant.
Landlord and Tenant Details
Full names, identity or registration numbers, and addresses of the landlord and the tenant or occupant.
Property Description
Full address and erf number of the property from which the tenant is required to vacate.
Grounds for Eviction
Statement of the specific grounds for the eviction notice — breach of lease, non-payment, illegal use, or lease expiry.
Lease Cancellation Notice
Formal cancellation of the lease agreement or licence to occupy, with the applicable notice period.
Vacate Date
The date by which the tenant must vacate the property and return all keys and access cards.
Outstanding Arrear Rental
Statement of the rental arrears (if applicable) and demand for payment in ZAR (R).
Return of Property
Requirement to return the property in the same condition as received, fair wear and tear excepted.
Warning Against Self-Help Remedies
Confirmation that the landlord will seek a court order under the PIE Act if the tenant does not vacate voluntarily.
Dispute Resolution Options
Information about the tenant's right to approach the Rental Housing Tribunal before eviction proceedings commence.
Legal Consequences
Statement that if the tenant does not vacate, the landlord will apply to the Magistrates' Court or High Court for an eviction order.
How to Issue an Eviction Notice in South Africa
Follow these steps to issue a legally sound eviction notice that complies with South African law.
- 1
Confirm the Legal Grounds
Identify the specific grounds for eviction — non-payment of rent, breach, illegal use, or lease expiry — and ensure the grounds are substantiated.
- 2
Issue a Breach Notice First (if applicable)
For breach of lease (e.g., arrear rental), issue a breach notice under the lease and allow the tenant a reasonable opportunity to remedy the breach before cancelling the lease.
- 3
Cancel the Lease
Once the breach is not remedied, formally cancel the lease by written notice, giving the tenant the required notice period to vacate.
- 4
Issue the Eviction Notice
Issue a formal eviction notice specifying the grounds, the vacate date, and the intention to apply to court if the tenant does not vacate.
- 5
Apply to Court if Necessary
If the tenant does not vacate, instruct a South African attorney to apply to the Magistrates' Court or High Court for a PIE Act eviction order.
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Legal Considerations
South African eviction law under the PIE Act 19 of 1998 is complex — a court order is always required before evicting a residential occupant.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African attorney for advice specific to your situation.
Reviewed for South African law
PIE Act: Court Order is Mandatory
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) makes it unlawful for any person, including a registered property owner, to evict a person from their home without a court order. A court order under the PIE Act may only be granted if the court is satisfied that the eviction is just and equitable in all the circumstances, including the rights and needs of the elderly, children, disabled persons, and households headed by women. Municipalities must be given notice of eviction applications involving vulnerable persons.
Self-Help Evictions are Illegal
Under South African law, self-help evictions — including physically removing tenants, changing locks, cutting utilities, or removing the tenant's belongings — are illegal. A landlord who conducts a self-help eviction may face criminal prosecution, a damages claim from the tenant, and a court order restoring possession to the tenant. The Constitutional Court has consistently affirmed that the right to adequate housing under Section 26 of the Constitution requires a court order before any person is evicted in South Africa.
Rental Housing Tribunal as Alternative
The Rental Housing Tribunal, established under the Rental Housing Act 50 of 1999, provides a free dispute resolution forum for landlord-tenant disputes in South Africa. A tenant may approach the Tribunal to challenge an eviction notice on grounds including unfair practices by the landlord. The Tribunal can issue compliance notices and refer matters to the Magistrates' Court. While the Tribunal cannot grant eviction orders, it can resolve disputes that may make eviction unnecessary and is an important step in South Africa's graduated dispute resolution framework.
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