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The Summary Ejectment Ordinance was first passed in the year 1893, at a time long before rent restriction legislation came into existence. At common law a landlord is entitled to evict his tenant on determination of the contract of tenancy by a legal notice to quit or otherwise.
Tenants may only be evicted from a property by means of a court order. Any eviction other than one authorised by a court is illegal. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 (PIE) contains specific regulations that govern the eviction process.
In South Africa, a landlord cannot immediately evict you without following the due processes. If the landlord has formally cancelled your lease agreement and asked you to move out, and you do not, they can go to court to get an eviction order. This process can take six to eight months.
The Land Tenants (Security of Tenure) Act Chap is an Act that provides security for any residential tenant who, on the 1st June, 1981, was occupying tenanted land on which they had erected or was in the process of erecting a house, with the consent of the landlord or where the landlord has not objected to the ...
If the tenancy is periodic, for example monthly or yearly, the notice period is one month and six months' respectively. A landlord can also go to court for a possession order against the tenant for reasons such as non-payment of rent or on grounds that the property is required for personal use.