Know your rights: why eviction awareness is vital during South Africa’s housing crisis

With rising living costs and a housing backlog affecting more than 13 million South Africans, eviction awareness has never been more critical. Tenants and homeowners are urged to understand their legal rights to avoid unlawful displacement.

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

“Eviction awareness is critical as South Africa faces a perfect storm of economic pressure 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,” said Mohale.

Mohale explained that the root cause of bank evictions is the foreclosure process, triggered when a homeowner fails to meet mortgage payments.

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

He further stated that the foreclosure process begins when a loan falls into default. After a certain period, lenders can initiate legal proceedings to reclaim the property, which may result in eviction.

Mohale outlined 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 sharply reduce household income.
• Excessive debt and affordability issues: Rising living costs, accumulated credit card debt, and adjustable mortgage rates can make monthly payments unmanageable.
• Negative equity: When a home’s market value falls below the mortgage balance, selling the property may not cover the loan, increasing the risk of default.
• Systemic and behavioral factors: Broader economic 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 could prevent foreclosure.

He explained that many tenants mistakenly believe landlords can evict them immediately for non-payment or other breaches

Mohale stressed that evictions without a court order are illegal, and unlawful lockouts or service cut-offs are criminal offences.

“Tenants also often assume unlawful occupiers have no rights. The law protects all occupants, requiring courts to consider their circumstances, including the risk of homelessness, before granting eviction orders,” he said.

He said under the Constitution and the Prevention of Illegal Eviction Act (PIE Act), tenants have rights including:
• A formal court order before eviction.
• Proper notice at least 14 business days before a hearing.
• The right to be heard in court.
• Protection of human dignity, with evictions being “just and equitable”.

“Courts give extra consideration to children, the elderly, people with disabilities, and women-headed households. If eviction would leave vulnerable people homeless, the court may refuse or delay the order,’” said Mohale.

Mohale advises tenants at risk of eviction to act quickly by responding to notices promptly and seeking legal assistance without delay.

He emphasiSes the importance of keeping detailed records of all payments and communications, attending court hearings to present personal circumstances, and challenging any inaccurate claims about rent or bond arrears.

Tenants who cannot afford private legal help can turn to organisations offering free or low-cost support, including Legal Aid South Africa, Lawyers for Human Rights, Black Sash, and the Legal Resources Centre.