Although South African law often appears to favour tenants, it also provides landlords with the right to evict tenants who fail to uphold their obligations.
A comprehensive, written lease agreement is essential, as it serves as the binding contract between the landlord and tenant.
If the tenant violates or breaches any terms of this agreement, the eviction process can be initiated.
Legal grounds for eviction may include:
- Non-payment of rent in full, on time, or at all;
- Not vacate at the end of the lease agreement (in other words, when the lease terminates and is not renewed)
- Damage to the property (property (this does not include wear and tear – damage that can happen in the normal use of the property)
- Breach of lease terms
- Involved in any form of illegal or criminal activity on the premises
In South Africa, valid grounds for eviction are essential to ensure fairness, legal compliance, and the protection of tenants’ rights. The legal framework is designed to prevent arbitrary evictions and to balance the rights of landlords with the need to protect tenants from homelessness and undue hardship. By requiring valid grounds, the law ensures that evictions are justified, transparent, and humane.
