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Article 46 of 74

Ending a lease is not the same as evicting an occupant.

If a tenant does not leave after their lawful right to occupy has ended, the owner cannot simply remove them. Eviction from residential property requires due legal process and a court order.

Insights›Landlords, Tenants & Rental Management
PROPERTY INSIGHT 46 Ending a lease is not the same as evicting an occupant.

What to know

  • First establish that the lease has been validly terminated or expired.
  • Use the notice and court process that applies to the circumstances.
  • The Prevention of Illegal Eviction Act remains the current framework as at 23 September 2026; a 2026 amendment proposal was still draft legislation.
  • Do not change locks, seize possessions or physically remove occupants without lawful authority.
Professional advice

This guidance is general information. Where legal, tax, structural, compliance or regulated-work consequences may apply, obtain advice from an appropriately qualified professional for your circumstances.

Research anchorPIE Act 19 of 1998; draft 2026 amendment not yet law as at review date.
Important Information

The information in Fabulous Homes Insights is provided for general property education and information. Property, tax, finance, sectional-title, rental, municipal and compliance matters can differ according to individual circumstances, contractual terms, scheme rules, municipal requirements and changes in law. Where necessary, readers should obtain advice from an appropriate attorney, conveyancer, tax practitioner, financial professional, property practitioner, engineer, inspector or other suitably qualified professional.

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