Landlords understandably feel anxious when tenants fall behind on rent. Missed payments can quickly create financial strain - especially for those relying on rental income to cover other expenses.
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Fortunately, there are clear legal steps landlords can take to recover funds and protect their investment.
1. Start with the lease agreement
The first step in dealing with a non-paying tenant is to review the lease agreement, says property law firm Abrahams & Gross.
Focus on two key clauses:
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Payment Clause: Specifies how much and when rent must be paid, confirming the tenant’s breach.
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Breach Clause: Outlines the landlord’s right to act - whether demanding payment, cancelling the agreement, or allowing a set period for the tenant to fix the breach.
If the tenant fails to pay within the notice period, the landlord may proceed with further legal action.
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2. When the lease is breached
If the lease is cancelled due to non-payment and the tenant refuses to vacate, the landlord must apply for a court-ordered eviction.
Evictions are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The tenant and local municipality must receive written notice before proceedings continue.
In addition to eviction, landlords may also issue summons to recover outstanding rent.
3. Follow the legal route - No self-evictions
While frustration is natural, landlords cannot evict tenants themselves. Changing locks, removing belongings, or blocking access is considered illegal eviction and may lead to criminal charges.
“If a tenant fails to pay rent, the landlord has the right to terminate the lease,” explains Jan Myburgh, General Manager at Harcourts South Africa. “But this doesn’t mean the tenant will automatically vacate or can be pressured to leave.”
Landlords must issue formal notice as outlined in the lease. If the tenant still doesn’t comply, they can terminate the contract and begin the court process, which may take up to three months. Legal fees are payable upfront but can later be reclaimed, along with unpaid rent, once judgment is granted.
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4. Protect your investment
To safeguard against losses, landlords should consider Rental Risk Cover. This insurance helps cover unpaid rent, property damage, and legal expenses - providing valuable peace of mind.
Selecting the right tenant is equally crucial. Always conduct credit checks, verify employment, and contact references before signing a lease to minimise future risks.
Non-paying tenants can be stressful, but landlords have firm legal recourse. By following proper procedures - not emotional impulses - and seeking legal advice early, landlords can recover rent, regain possession, and protect their investments.
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