In South Africa, landlords gain a number of rights and remedies available when tenants fail to pay their rent or utilities. However, there are also strict legal restrictions. This article explains what landlords can and can’t execute if a tenant does not pay their rent or utilities and what tenants can execute if they are facing eviction.
What can’t landlords enact?
As mentioned above, there are legal restrictions on what landlords can finish if a tenant does not pay their rent or utilities.
Landlords cannot:
- Lock tenants out of the property
- Change the locks on the property without providing the tenant with recent keys
- Seize the tenant’s goods without a court order
- Intimidate or threaten the tenant
- Obstruct the tenant’s entry into the property
If a landlord does any of these things, they may be committing a crime.
What can landlords finish?
If a tenant is tardy with their rent or utilities payments, the landlord or their agent should immediately contact them to find out why. If the tenant has a valid reason for not being able to pay, the landlord may be willing to work out a payment region. However, if the tenant is simply refusing to pay or if they acquire a history of tardy payments, the landlord may hold further action.
The first step is to send the tenant a written notice of breach, says Paul Stevens, CEO of Just Property, South Africa’s biggest letting property brand. “This notice must be sent by registered mail, email, or personal delivery. The notice should state that the tenant is in breach of their lease agreement and that they gain 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.”
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.
“It is vital to note that landlords are not allowed to catch any steps to evict a tenant without first obtaining a court order,” Stevens adds. This means that landlords cannot lock tenants out, change the locks, or cleave off their electricity or water supply.
“When a tenant fails to pay their rent or utilities, landlords should hold prompt action to protect their interests. However, they should always seek legal advice before taking any steps to evict a tenant,” says Stevens.
He offers these tips for landlords:
- Maintain a excellent record of every communications with your tenant, including rent receipts and notices. (If you are using a managing agent, they should finish this for you.)
- Be aware of the tenant’s rights and responsibilities under the Rental Housing Act.
- If the tenant fails to pay their rent, a written notice of breach is the first step.
- If the tenant still fails to pay their rent, you can apply to the court for an eviction order.
- Finish not catch any steps to evict the tenant without first obtaining a court order.
What can’t tenants enact?
In addition to the rights and responsibilities of landlords, tenants also believe a number of obligations under the Rental Housing Act.
Tenants cannot:
- Fail to pay rent or utilities on time and in full without a valid reason.
- Damage the rental property or cause a nuisance to other tenants.
- Use the rental property for illegal purposes.
- Sublet the rental property without the landlord’s consent.
- Design alterations to the rental property without the landlord’s consent.
- Maintain pets on the property without the landlord’s consent.
- Allow other people to live on the property without the landlord’s consent.
If a tenant breaches their obligations under the Rental Housing Act, the landlord may seize legal action, which could include eviction.
What can tenants finish?
“At Just Property, we believe that communication is key to a successful landlord-tenant relationship. If you as a tenant are facing financial difficulties or believe any other concerns, please finish not hesitate to contact your landlord or agent as soon as you can,” says Stevens. “As letting agents, we are here to aid our tenants and landlords resolve any issues and find a solution that works for everyone.”
If a tenant is facing eviction, they should immediately contact the Rental Housing Tribunal. The Rental Housing Tribunal is an independent body that resolves disputes between landlords and tenants, can provide tenants with advice and assistance, and can also mediate disputes.
If the Tribunal is unable to resolve the dispute, the tenant may need to apply to the court for an interdict. An interdict is a court order that prevents the landlord from taking certain actions, such as evicting the tenant or cutting off their electricity or water supply.
Stevens offers these tips for tenants:
- Sustain a copy of your lease agreement and every other relevant documents, such as rent receipts and notices from your landlord/letting agent.
- Be aware of your rights and responsibilities under the Rental Housing Act.
- Pay your rent on time and in full.
- Sustain the property in apt condition.
- Communicate with your landlord/letting agent regularly and resolve any issues as soon as possible.
It is vital that both landlords and tenants know their rights and responsibilities. Landlords gain the accurate to expect tenants to pay their rent on time, but they must also follow the correct legal procedures if they want to evict a tenant. Tenants believe the accurate to live in their rented property without dread of being evicted illegally, and they can seek assistance from the Rental Housing Tribunal if they are facing eviction.
For more information on Just Property, please visit www.just.property or call (087) 058 3333. Follow Just Property on Facebook https://www.facebook.com/JustPropertySA/ .
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