Landlord Changed the Locks? How to Get Back In (Spoliation Order)

The Hook: It's 18:00 and your key doesn't work

You get home from work, tired. You put your key in the door. It doesn't turn. The landlord has changed the locks because you're late with rent. Or maybe the electricity is off—not because of load shedding, but because the landlord cut the cable.

This is illegal. In South Africa, no one—not a landlord, not a bank, not even the police—can take the law into their own hands.

The Short Answer: Can they do that?

No. Absolutely not.

Even if you haven't paid rent for three months. Even if you are the worst tenant in history. A landlord must obtain an eviction order from a court to get you out. Locking you out without a court order is an act of "spoliation" (taking back possession by force), and the law hates it.

The Solution: The "Spoliation Order" (Mandament van Spolie)

This is your legal "Panic Button."

A Spoliation Order is an urgent court application. The court doesn't care why you were locked out (e.g., unpaid rent). The court only examines two things:

Possession: Were you living there peacefully?
Dispossession: Did the landlord take access away without a court order?

If the answer is "Yes" to both, the court will order the landlord to immediately restore access. They can argue about the rent money later, but first, they must unlock the door.

Step 1: Call the Police (SAPS)

This is often the fastest route.

Go to the nearest police station.
Tell them you have been illegally evicted/locked out.
Quote the Extension of Security of Tenure Act (ESTA) or the Prevention of Illegal Eviction (PIE) Act.
Ask a police officer to accompany you to the property to warn the landlord that their actions are criminal.

Warning: Sometimes police hesitate to get involved in "civil matters." Stand your ground. Illegal eviction is a crime.

Step 2: The Urgent Court Application

If the police can't help, you need a lawyer to bring an Urgent Spoliation Application to the Magistrate's Court or High Court.

Speed: These can happen in 24-48 hours.
Costs: Usually, because the landlord acted illegally, the court will order the landlord to pay your legal costs.

Step 3: What about the Rent?

Be careful. Just because you get back in doesn't mean you don't owe rent.

The Spoliation Order fixes the illegal lockout.
It does not cancel your debt.
The landlord can still sue you for rent or start a legal eviction process.

Don't celebrate too early. Use the time you bought to negotiate a payment plan or find a new place to live on your own terms.

What CAN'T a Landlord do?

Change the locks.
Padlock the gate.
Disconnect electricity or water supply.
Remove the front door or windows.
Throw your furniture onto the street.

Take Action

Being locked out is terrifying and dangerous. You have rights.

Need an urgent Spoliation Order? Connect with a lawyer immediately on LekkerLaw.