How Commercial and Residential Evictions Differ: Essential Legal Insights

When it comes to evicting tenants, landlords need to understand the legal processes that apply to both commercial and residential properties. Although eviction laws generally follow the same core principles, the legal process, tenant rights, and considerations differ significantly between commercial and residential evictions. At Burger Huyser Attorneys, we specialise in both residential and commercial property law, ensuring landlords and tenants navigate these complex processes with clarity and confidence.

What Is a Commercial Eviction?

A commercial eviction occurs when a landlord seeks to remove a business tenant from a commercial property. Commercial evictions are typically driven by breaches of the lease agreement, such as failure to pay rent, violation of lease terms, or property damage. Since commercial tenants operate businesses, the eviction process often involves more complex legal issues than residential evictions.

Key Characteristics of Commercial Evictions:

  1. Business Impact: Commercial evictions have a direct impact on the tenant’s business. This often involves disruptions to operations, the potential loss of income, and possible damage to a business’s reputation. As a result, landlords must follow a more structured and legally sound eviction process. 
  2. Contractual Nature: Commercial leases are usually more detailed and negotiated between the landlord and the tenant, including specific terms about payment, maintenance, and use of the property. This means there are usually more provisions in the lease that must be adhered to when initiating an eviction. 
  3. Longer Lease Terms: Commercial leases tend to be longer than residential leases, with more extended commitments and often larger spaces. This results in a more detailed eviction process and the involvement of higher legal risks. 

What Is a Residential Eviction?

A residential eviction refers to the legal process in which a landlord seeks to remove a tenant from a residential property, typically due to non-payment of rent, violation of the lease agreement, or failure to maintain the property. Unlike commercial evictions, residential evictions are governed by specific tenant protection laws aimed at safeguarding tenants’ rights.

Key Characteristics of Residential Evictions:

  1. Tenant Protections: Residential evictions are heavily regulated by laws that protect tenants. For example, tenants cannot be evicted without due process, including a court order. In South Africa, the Rental Housing Act and the Consumer Protection Act govern residential evictions, ensuring that tenants have rights to contest evictions in court. 
  2. Shorter Leases: Residential leases are generally shorter, usually ranging from one to two years, which means the eviction process is often quicker and simpler than in commercial settings. 
  3. Focus on Family Homes: Unlike businesses, residential tenants typically use their leased properties as homes. This gives rise to strong legal protections, with the law emphasizing stability and security for families and individuals. 

The Key Differences Between Commercial and Residential Evictions

Understanding the differences between commercial and residential evictions is crucial for both landlords and tenants. Here are the key factors that set them apart:

1. Legal Protections and Procedures

  • Commercial Evictions: Commercial tenants usually have fewer legal protections compared to residential tenants. The eviction process for businesses tends to be faster, and the tenant’s ability to contest eviction may be more limited depending on the lease terms. 
  • Residential Evictions: Residential tenants have more extensive protections under the law. In South Africa, for example, landlords cannot evict tenants without a court order, and tenants have the right to defend themselves in court. Any self-help eviction methods, such as changing locks or forcing tenants out, are strictly illegal. 

2. Eviction Notice Periods

  • Commercial Evictions: The notice period for commercial evictions is usually specified in the lease agreement. Depending on the terms of the lease, the notice period could range from 30 days to several months, depending on the nature of the violation. 
  • Residential Evictions: In residential evictions, landlords must follow strict notice requirements set by law. Typically, a 20-day notice is required for non-payment of rent, with additional notice periods for other reasons like lease violations. 

3. Court Involvement and Enforcement

  • Commercial Evictions: In commercial evictions, the landlord can often proceed to court more quickly. After filing for eviction, a court hearing will determine the validity of the claim. If the landlord is successful, they may obtain an eviction order and enforcement through law enforcement officers. 
  • Residential Evictions: Residential evictions require more court involvement due to the tenant’s right to defend themselves. If tenants dispute the eviction, they have the right to a hearing before the court, which will consider the tenant’s circumstances and decide whether eviction is warranted. 

4. Impact on Tenants

  • Commercial Evictions: Evicting a commercial tenant can have serious financial consequences for both parties. While tenants risk losing their business location, landlords face the possibility of extended vacancy periods and the challenge of finding new tenants. 
  • Residential Evictions: Residential evictions often have a more personal and emotional impact. Tenants may lose their homes, which could lead to significant social and psychological distress, especially for families. 

When Should You Consult an Eviction Attorney?

Whether you’re facing a commercial or residential eviction, it’s essential to consult a qualified attorney to guide you through the legal process. The eviction laws are complex and vary by location, so seeking expert advice can help you avoid costly mistakes and ensure that your rights are protected.

At Burger Huyser Attorneys, we specialise in both residential and commercial property law. Our experienced legal team can help you understand your rights, navigate the eviction process, and ensure a fair and efficient resolution.

Protect Your Rights with Legal Expertise

Evicting a tenant is never easy, but understanding the key differences between commercial and residential evictions can make the process much smoother. Whether you’re a landlord or a tenant, consulting with an experienced attorney is crucial to ensure your rights are upheld.


 Are you dealing with an eviction? Don’t face it alone! Contact Burger Huyser Attorneys today to get expert legal guidance on commercial or residential evictions. Let us help you navigate the legal complexities and achieve the best outcome. Reach out now for a consultation.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE