Facing Eviction With Nowhere to Go

Most important right now: do not leave just because someone tells you to. In South Africa only a court can order an eviction from your home. If you are threatened with violence, call SAPS on 10111 (or 112 from a mobile).

Maybe the landlord said you must be out by Friday. Maybe the locks were changed while you were at work, or the electricity was cut. It is frightening, especially with children. Take a breath. You have more rights than you might think.

What is happening

In South Africa, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act) says only a court can order someone out of their home. This applies to tenants, backyard dwellers and people living on land without formal papers. A landlord, family member or owner cannot lawfully throw you out on their own.

A lockout, removing doors or windows, taking your things, or cutting water or electricity to force you out is usually unlawful. A court can order that you be let back in. This is called a spoliation order.

Before a court orders an eviction, you must get proper notice and a chance to be heard. The court must look at what is fair, including whether you have children, older people or disabled people in the home, and whether other housing is available. The municipality may need to be involved. Owing rent is serious, but it does not cancel these steps.

Signs to notice

• You have been told to leave without any court papers
• Your locks were changed or your things were removed
• Water or electricity was cut to push you out
• You received a court notice or summons about eviction
• You are behind on rent and scared to talk to the landlord
• You have no idea where you would go if you had to leave

30-second self-check

Answer yes or no. If you answer yes to the first question, stop here and get help now: call SAPS on 10111 or 112 from a mobile.

• Has anyone threatened you or your family with violence?
• Have you been locked out or had your things removed?
• Have you received court papers about eviction?
• Are children, older people or someone ill living with you?
• Do you have nowhere to go if you had to leave this week?
• Are you behind on rent or a bond?

0-1 yes: If your yes was the first question, get help now: SAPS on 10111. Otherwise you have time to get advice. Do not ignore letters.
2-3 yes: Get free legal advice this week. Keep every message and letter.
4 or more yes: Act today. Call SAPS on 10111 if there are threats. Go to Legal Aid SA or a law clinic today, and ask a social worker to help with a place to stay if you must leave.

What you can do next

• Today: Take photos of the lock, your belongings and any notice. Save messages. If you were locked out, go to the police station, report it and ask for a case number.
• This week: Go to Legal Aid SA, a university law clinic or an attorney with any court papers. Court papers have dates. Missing a date can mean an order is made without you.
• This month: If rent is the problem, make a written payment plan. A registered debt counsellor (check the NCR number at ncr.org.za) can help if debt is piling up. Start looking for a backup place.
• Tenants can take unfair practices, like lockouts or cut services, to the Rental Housing Tribunal in their province.
• Keep paying what you can and keep proof. It shows good faith.

Your tool

Housing Crisis Check - a few questions that show how urgent your situation is and point you to legal help, a shelter or an emergency line.

When to get professional help

Get legal help as soon as you receive any court papers, or if you are locked out. Get support for yourself too. Losing a home brings shame, anger and fear, and many people stop sleeping or eating. If you start to feel hopeless, talk to someone today.
Who can help: Legal Aid SA, attorney, social worker, shelter or NGO, debt counsellor

Getting help in South Africa

• Legal Aid SA (legal-aid.co.za): free legal help if you qualify, including eviction matters.
• Rental Housing Tribunal: free, in each province, for disputes between tenants and landlords.
• University law clinics and advice offices: free advice in many towns.
• Your municipality: housing department, especially if you may need emergency housing.
• Cleared Mind 24-hour Careline (0800 212 146): support while you deal with the stress.