Cape Town's Leading
Eviction Attorneys

Timeframes vary depending on the complexity of the matter and whether the tenant opposes the application. An uncontested eviction typically takes 4 to 8 weeks from instruction to court order. Opposed matters or cases involving unlawful occupiers can take longer. Rubensteins Attorneys works efficiently through every step to minimise delays and recover your property as quickly as the law allows.

No. South African law does not permit self-help evictions. You cannot change locks, remove doors, cut off utilities, or physically remove a tenant without a court order. Doing so exposes you to civil and criminal liability. A formal eviction application must be brought before the Magistrates' Court or High Court, and an order must be obtained before any eviction can be carried out — regardless of how clear-cut the situation appears.

Once a court has granted an eviction order and the date specified has passed, the Sheriff of the Court is authorised to physically remove the tenant and their belongings from the property. If a tenant resists, the Sheriff may request police assistance. Non-compliance with a court order is a serious matter — the tenant may be held in contempt of court. We manage this enforcement process on your behalf to ensure it proceeds lawfully and without unnecessary confrontation.

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) governs all residential evictions in South Africa. It protects occupiers from being evicted without a court order and requires that certain procedural steps be followed — including proper notice to the occupier and, in some cases, to the relevant municipality. Courts must also consider the personal circumstances of occupiers, particularly the elderly, children, and those with disabilities. Understanding the PIE Act is critical to avoiding procedural defects that can delay or derail your case — this is precisely where experienced legal representation makes the difference.

Yes. Rubensteins Attorneys handles both residential and commercial evictions. Commercial evictions — where a business tenant is in breach of a lease or holding over after expiry — are governed by different legislation and procedures than residential matters under the PIE Act. Our team has experience across both, and we can advise on the most effective approach depending on the nature of your property and the terms of your lease agreement.

Costs depend on the complexity of the matter, whether the tenant opposes the application, and the court in which the application is brought. We believe in transparent, upfront pricing — you will receive a clear cost estimate before we proceed. What we can say is that acting quickly and correctly from the outset is far more cost-effective than attempting a DIY eviction that gets opposed or set aside on a technicality. Contact us for a no-obligation consultation and we'll outline the expected fees for your specific situation.