Eviction notice

Property & tenancy

This page covers Johannesburg Magistrate’s Court Civil Section practice and a City of Cape Town support route. For a Johannesburg application, keep the application separate and check the notice and hearing steps below. In Cape Town, if you face possible eviction or have received an eviction notice, use the questionnaire route. These routes serve different situations.

Prepare your document

No account needed. Your answers are used for this request. Save to your account only when you choose to.

Have this letter and any notice period checked. This draft is not a court order and does not authorise eviction.

Sender name and address Use your own facts and agreed wording.

Recipient name and address Use your own facts and agreed wording.

Property concerned Use your own facts and agreed wording.

Facts and relevant agreement provisions Use your own facts and agreed wording.

What you request and your proposed date Have the wording and any notice period checked before delivery.

Official downloads

Open Form Gjustice.gov.za Download the Personal Circumstances Questionnaire Formwww.capetown.gov.za

How to use it

Keep the application separate Use the Johannesburg route only for the practice covered here. Its eviction application is a separate application.
Prepare the notice of motion For the notice of motion, the requirement is that it must follow Form 2 _(a)_.
Identify affected authorities Name any local, provincial or national authority that might be affected by an eviction order; they must be clearly identified.

Document checklist

Johannesburg court route Is your eviction application being prepared under Johannesburg Magistrate’s Court Civil Section practice?
Separate application Have you kept the eviction application separate?
Notice of motion Does the notice of motion follow the required format?
Affected authorities Have you identified local, provincial or national authorities that might be affected by an eviction order?
Cape Town questionnaire Are you facing possible eviction or have you received an eviction notice in Cape Town?
City-owned property Does the matter concern unlawful occupants of City-owned property?

Questions & answers

What should the order authorising notice and service follow?

Under Johannesburg Magistrate’s Court Civil Section practice, the order authorising the notice and directing service should substantially conform to Form G. Open it using the official action above.

Does a postponement always require another section notice?

The Johannesburg postponement guidance says: it will not be necessary to serve another section 4(2) notice in respect of the latter date.

Can a tenant oppose an eviction?

In the City of Cape Town information, tenants may appear before court and oppose the eviction. Their rights depend on the circumstances and the type of tenancy or occupation.

Can an eviction happen without a court order?

The City of Cape Town information says your right to basic shelter is protected by the Constitution, which prevents evictions without a court order.

More help

Sources

Justice/Courts/Johannesburg Magistrate's Court Civil Section/Home

Evictions

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