Rent not paid? Here’s what landlords can and cannot do to tenants for late or non-payment

In South Africa, landlords have several rights and options when tenants fail to pay rent or utilities, but they must still comply with strict legal limitations. Paul Stevens, CEO of Just Property, said the first legal step landlords must take when faced with a non-paying tenant is to send a written notice of breach. However, landlords cannot lock tenants out of the property for late or non-payment, change the locks without providing the tenant with new keys, seize the tenant’s goods without a court order, intimidate or threaten the tenant, or obstruct their entry into the property.

“This notice must be sent by registered mail, email or personal delivery,” said Stevens. “The notice should state that the tenant is in breach of their lease agreement and that they have a certain period – usually 20 business days – to pay the outstanding rent. If the tenant fails to pay the rent within this time period, the landlord may cancel the lease agreement.” In aProperty24blog advising landlords and tenants, it is noted that even after a landlord cancels the lease agreement, a tenant cannot simply be evicted; some steps must be followed.

“Once the lease agreement has been cancelled, the tenant becomes an illegal occupant, and the landlord can apply to the court for an eviction order. If the court grants the eviction order, the sheriff will remove the tenant from the property.” Stevens added that without a court order to evict the tenant, landlords cannot lock the tenant out, change the locks, or cut off their electricity or water supply. “When a tenant fails to pay their rent or utilities, landlords should take prompt action to protect their interests.

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However, they should always seek legal advice before taking any steps to evict a tenant.” TheRental Housing Actprotects tenants from any unlawful evictions, but tenants are still required to pay rent or utilities on time and in full unless there is a valid reason. Apart from late or non-payment of rent, the landlord can take steps to lawfully evict the tenant if they damage the rental property or cause a nuisance to other tenants, use the property for illegal purposes, sublet the rental property without the landlord’s consent, among others. Stevens said communication is key to a successful landlord-tenant relationship. “If you, as a tenant, are facing financial difficulties or have any other concerns, please do not hesitate to contact your landlord or agent as soon as you can.”

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