Know your rights: why eviction awareness is important during South Africa's housing crisis

With the rising cost of living and the housing backlog affecting more than 13 million South Africans, eviction awareness has never been more important. Tenants and landlords are urged to understand their legal rights to avoid unlawful eviction.

Urban News spoke to property businessman Kamohelo Mohale, who warned that many people misunderstand the eviction process and risk losing their homes unnecessarily.

Mohale said, “Eviction awareness is important as South Africa faces the storm of economic pressures and a deep housing crisis. Awareness empowers tenants to understand their constitutional right to housing and the strict legal procedures that prevent them from being evicted without a court order.”

Mohale said the root cause of bank evictions is the foreclosure process, which begins when a homeowner fails to keep up mortgage payments.

“To fully understand eviction, it is important to distinguish between the immediate legal trigger, the default, and the underlying causes that lead the borrower to that point,” he said.

He further said that the process of foreclosure begins when a loan defaults. After a certain period, the lender can initiate legal proceedings to reclaim the property, which may result in eviction.

Mohale underlined that homeowners often default due to a combination of financial pressures and structural challenges. These include:

• Financial shocks: Sudden events such as job loss, medical bills or divorce can cause rapid declines in household income.
• Excessive debt and affordability issues: Rising costs of living, accumulated credit card debt and adjustable mortgage rates can make monthly payments unmanageable.
• Negative equity: When the market value of a home falls below the mortgage balance, selling the property cannot cover the loan, increasing the risk of default.
• Systemic and behavioral factors: Macroeconomic crises or poor personal financial management can contribute to missed payments.
• Loan servicing challenges: Complicated or slow processes for loan modifications often prevent homeowners from accessing solutions that can prevent foreclosure.

He said many tenants mistakenly believe that landlords can immediately evict them for non-payment or other violations.

Mohale stressed that evictions without a court order are illegal, and unlawful lockouts or service cuts are criminal offenses.

“Tenants also often believe that unlawful occupiers have no rights. The law protects all occupiers, requiring courts to consider their circumstances, including the risk of homelessness, before ordering an eviction,” he said.

He said that under the Constitution and the Prevention of Illegal Evictions Act (PIE Act), tenants have the following rights:
• A formal court order prior to eviction.
• Reasonable notice at least 14 working days before the hearing.
• Right to be heard in court.
• Protecting human dignity, eviction would be “fair and equitable”.

“Courts pay extra attention to children, the elderly, people with disabilities and female-headed households. If eviction would leave vulnerable people homeless, the court may refuse or delay making an order,” Mohale said.

Mohale advises tenants at risk of eviction by responding to the notice promptly and seeking legal assistance without delay.

He emphasizes the importance of keeping detailed records of all payments and communications, attending court hearings to present individual circumstances, and challenging any erroneous claims about rent or bond outstanding.

Tenants who cannot afford private legal aid can turn to organizations that provide free or low-cost assistance, including Legal Aid South Africa, Lawyers for Human Rights, Black Sash and the Legal Resources Centre.