South Africa
Eviction Notice (Preliminary Notice)
R249
Create a preliminary eviction-related notice warning an unlawful occupant or defaulting tenant that occupation is disputed and that legal eviction proceedings may follow if they do not vacate.
A preliminary eviction notice is used before formal eviction proceedings to place an occupant on record that the owner or landlord disputes their continued occupation and may approach court for eviction if they do not vacate.
South African legal context (2026 checklist)
This notice does not itself evict the occupant. Eviction from a home generally requires a court order under the PIE Act. The owner should avoid self-help measures such as lockouts, intimidation, removal of belongings, or unlawful disconnection of services.
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
- Constitution of the Republic of South Africa, 1996, section 26
- Rental Housing Act 50 of 1999
- South African common law of ownership, lease, and contract
- Superior Courts Act 10 of 2013
- Magistrates’ Courts Act 32 of 1944
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who is the owner or landlord?
Who is the occupant or tenant?
What property is occupied?
Why is occupation unlawful or disputed?
Has the lease been cancelled or expired?
What prior notices were sent?
By what date must the occupant vacate voluntarily?
Are arrears, damages, or legal costs claimed?
Should the notice warn that court proceedings may follow?
Should legal advice be obtained before eviction proceedings?
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