Tenants Rights and Duties in Cape Town

  • The law provides that no person may be evicted from their home without a Court Order, and without the Court having considered whether such an eviction would be just and equitable.

Some of the factors that a Court takes into account in this type of enquiry are:

  • Whether there are any vulnerable members of society, such as children or the elderly, staying at the premises?
  • Whether there is any alternative accommodation that can be found, or provided by the local municipality?
  • Whether the tenants are employed and in a financial position to secure alternative accommodation?
  • Any other factors that the tenant wishes to place before the Court that s/he deems relevant to their personal situation.
  • Everyone in South Africa is entitled to seek legal representation or is entitled to represent themselves.
  • A tenant has the obligation to continue to pay their rental during this time and if they fail to do so, a landlord may take legal action against them to recover this amount.