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Reclaiming possession of your property from a tenant can be far more complex than granting occupancy. Often treated as a last resort, eviction is a well-travelled path in the world of letting. While a landlord has the right to evict a tenant, it is not an arbitrary, or immediate action, but a process that involves a set of statutory guidelines.
In terms of section 74 of the Zimbabwean constitution (Amendment No.2), a tenant cannot be evicted without a valid order of court. Securing this order however requires a great deal of legal awareness, patience, procedural compliance, and absolute self-restraint. This guide provides an abstract insight into the essential parameters of a lawful eviction in Zimbabwe.
Eviction Grounds: Lawful Justification for Tenancy Termination
A landlord cannot evict a tenant without a lawful cause.
There are strictly recognized and legally enforceable grounds for pursuing an eviction order. They are closely scrutinized through the lenses of Rent Regulations, SI 32 of 2007 for residential premises and SI 676 of 1968 for commercial premises. These include, but not limited to non-payment of rent, material breach of lease agreement (e.g. subletting), the owner wanting the premises for own use or reconstruction purposes, unlawful retaining of possession by a tenant after lease expiration or cancellation, or any other “fair, and reasonable,”6 or “good and sufficient”4 grounds which are satisfactory to the court, or rent board.
Prohibited Actions: The Don’ts
Taking the law into your own hands creates legal liabilities than it solves. Under section 24 of the commercial premises regulations, and section 33 of residential rent regulations, it is illegal for the Lessor to forcefully evict a tenant by way of disconnecting water and electricity, removing the lessee’s belongings without consent, obstructing use or access, or forcible physical ejectment. Executing any of these constitutes a civil wrong, subject to civil judgement of a “magistrate's court in favour of the lessee.”7
First things first: Put Your house in order
Your house should be well ordered to smoothen the eviction process. A core suit of evidentiary documents is crucially important to substantiate your claims. Mainly, these includes:
- Your signed lease agreements
- Formal letters of lease cancellation letters
- Appropriately served notices to remedy breach
- Written proof of service for all formal notifications
- Signed corporate resolutions (if the lessor is a legal entity)
- All formal correspondence (emails, typed messages, etc)
Handshake agreements and oral communication are hardly verifiable before a court. They breed factual disputes more than they establish proof. Meticulous record keeping will especially pay-off at this juncture.
Proceedings: Letter of Instruction and Summons
Once your documentation is in order, you can then initiate formal eviction proceedings through the magistrate court. You (or your legal practitioner) will draft a letter of instruction, accompanied by summons and particulars of claim, annexed together, and submitted to the clerk of court for issuing, and subsequently to the messenger of court for service.
Particulars of Claim
The particulars of claim outline your cause of action, and what you wish the court to do for you. Of importance to include are full names, national identification numbers, contact details, and physical addresses of both the plaintiff (Landlord) and defendant (tenant). Detail the contractual relationship, the nature of the material breach, and the tenant’s subsequent defiance.
For illustrative purposes, consider a case, where a tenant retains possession of the property against your will, after tenancy expiration, with outstanding rentals arrears. Your particulars of claim breakdown might be to
- Ask the court to give an order confirming cancellation of the lease agreement between you and the tenant
- An order of ejectment, for the defendant and all those claiming occupation through it.
- Judgment for payment of outstanding arrears, and the period for which they cover, e.g. outstanding rental arrears of USD 4 500, being rentals from January to March 2026
- Holding over damages, for the period of unlawful occupation, up to the date of ejectment
- Interest on all claimed amounts at the prescribed rate of interest
- An order that should the tenant fail to comply with the above claims, the Messenger of Court be authorized to effect ejectment and attach the tenant's property in execution
Service of Summons by the Messenger of Court
The messenger of court will physically serve the summons on the tenant at their designated chosen address for legal service (Domicilium citandi et executandi). Upon successful service, the messenger will issue return of service.
The tenant will be given seven (7) working days, excluding weekends, and public holidays to respond, otherwise known as the filing of a notice of appearance to defend. This notice should ideally state the nature and grounds of the tenant’s defence or counterclaims, a copy of which should be given to you as the plaintiff.
Practically, with no defense, some tenants might enter an appearance for the sake of it - weaponizing on statutory procedures to buy time. In such instances, you write a request of the defendant’s plea within 48 hours, failure of which you proceed to apply for summary judgment.
Court Hearing and Judgment
If the tenant has entered a valid defense, the court will set a hearing date, upon which determination or judgment will be made, after consideration of both your claims and the tenant’s defence.
The Second Scenario: Default Judgment
If the tenant has been duly served with the summons and the seven days having expired without him making an appearance to defend himself against the Landlord's claims, then the court will give a default judgment in favour of the plaintiff, as claimed in the summons. This will be done even in the defendant's absence. Default judgment is equivalent of an order.
Enforcement
Securing an order is a critical milestone, but execution must still follow strict legal protocols. Only the Messenger of Court (or the Sheriff) possesses the lawful authority to enforce the court order and to physically eject the tenant and their belongings if they refuse to comply.
The Administrative alternative: The Rent board process
As an alternative for residential premises, section 32 of SI 32 of 2007, affords the landlord the right to directly apply for a certificate of ejectment.
Application and Notice
Upon application for an ejectment certificate to the board, the secretary of the board will serve summons to the tenant, with details of the application. The Rent Board summons are often served through the local police station (officer in charge) holding territorial jurisdiction to the effect.
Hearing and Judgment
Service of summons must be at least fourteen (14) days before the date of hearing, which is designated by the chairperson of the board. The notice will specify the exact date, time and venue of the hearing.
Granting of the Certificate
If the eviction grounds presented in the application satisfy the board to the effect, it will grant the Certificate of Ejectment. Specified therein, will be the date by which the lessee must vacate the premises. The secretary of the board will issue a formal, signed written notification of the board’s determination to both parties. The tenant is legally deemed to have received this within seven days of its dispatch by the secretary.
Enforcement of a Rent Board Certificate
It is crucial to recognize that the rent board certificate of ejectment is not an order itself, but a slip you need before you can ask the Magistrates’ Court for the actual eviction. You take the Rent Board certificate along with your other documents when you apply to the court.
CONCLUSION
The frustration inherent in procedural delays, loss of income, legal costs and at times, tenant’s nudging behaviour in your promises is understandable. However, succumbing to the temptation of self-help ultimately defeat your legitimate concerns, and often delays it, than it, hastens. When it comes to eviction, nothing pays more than patience, and compliance – unfortunately, that’s the fastest route to reclaim possession of your premises.
DISCLAIMER:
The information provided above is the writer’s own research, intended as a general guide for awareness purposes and does not in any way constitute legal advice.
REFERENCES
- Bizsetup Group 2025, Evicting Tenants (Legally!) in Zimbabwe: Updated for 2025 (+ Free Notice Template), Forms & Templates. Available at https://bizsetup.wordpress.com/forms/official-notice-of-termination-of-tenancy-eviction-notice/ (Accessed: 5 June 2026).
- Kanokanga & Partners 2022, What are good and sufficient grounds for eviction of statutory tenants in Zimbabwe?, Landlord & Tenant Articles, Harare. Available at: https://www.kanokangalawfirm.net/articles/what-are-good-and-sufficient-grounds-for-eviction-of-statutory-tenants-in-zimbabwe (Accessed: 7 June 2026)
- Nenjy Nyamapfene Law Practice 2021, Eviction, Nenjy Nyamapfene Law Practice, Harare. Available at https://www.nnlawpractice.co.zw/eviction/ (Accessed: 4 June 2026).
- co.zw 2025, Do's and Don'ts of Evicting a Tenant in Zimbabwe, Property Blog. Available at https://www.property.co.zw/blog/dos-and-donts-of-evicting-a-tenant-in-zimbabwe (Accessed: 4 June 2026)
- Zimbabwe Government 1983, Commercial Premises (Rent) Regulations, 1983 (Statutory Instrument 676 of 1983), Government Printer, Harare (Accessed: 4 June 2026)
- Zimbabwe Government 2013, Constitution of Zimbabwe Amendment (No. 20) Act, 2013, Government Printer, Harare (Accessed: 4 June 2026).
- Zimbabwe Government 2007, Statutory Instrument 32 of 2007: Rent Regulations, 2007, Government Printer, Harare. Available at: Veritas Zimbabwe PDF portal (Accessed: 27 May 2026)
