Notice to Vacate
R149
Create a notice requiring a tenant or occupant to vacate leased premises by a specified date, after termination, expiry, cancellation, or lawful notice.
A notice to vacate is used where a landlord requires a tenant or occupant to leave the property after the lease has ended, expired, or been cancelled, or where lawful notice has been given.
South African legal context (2026 checklist)
A notice to vacate is not the same as a court eviction order. If the occupant refuses to leave, the landlord must follow lawful eviction procedures and may not remove the occupant without a court order.
- South African common law of lease and contract
- Rental Housing Act 50 of 1999
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
- Consumer Protection Act 68 of 2008, where applicable
- Constitution of the Republic of South Africa, 1996, section 26
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 giving the notice?
Who must vacate?
What property must be vacated?
What is the reason for the notice?
Has the lease expired or been cancelled?
What date must the tenant vacate?
Are keys, remotes, access cards, or property to be returned?
Must rent, utilities, damages, or arrears still be paid?
Will an outgoing inspection be arranged?
What happens if the tenant does not vacate?
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South Africa