Land and Housing > Land > Extension of Security of Tenure Act (ESTA) (NO 62 OF 1997) > Evictions in Terms of the Extension of Security of Tenure Act
Back to top

Evictions in Terms of the Extension of Security of Tenure Act

The following actions are all forms of evictions:

  • Where the contract of employment is terminated and the person agrees to leave
  • Taking away somebody’s right to live on land
  • Taking away somebody’s right to use land
  • Taking away somebody’s access to water and electricity if they live on the land
  • Threatening occupiers so that they leave
  • Stopping them from coming back onto land if they left but planned to come back, for example, they went away for a family visit

The Act protects you against unfair and arbitrary evictions. An eviction may be fair and occupiers may be evicted from land if they do something seriously wrong or refuse to honour agreements with the owner, such as not paying rent if they agreed that they would pay.

In cases where the eviction is fair, a landlord must follow the requirements of the law in getting an occupier to leave the property, for example, by giving the required notice (see: When Is an Eviction Lawful?). However, if the occupier refuses to leave, the landlord must then get a court order to enforce the eviction. If the occupier disputes the eviction then the reasons for this must be raised in the court. The Act protects people who believe they have been unfairly evicted.

Get assistance with: