As a landlord in South Africa, it is important to understand the legal procedures that must be followed in the event of a tenant failing to pay rent. While it may be tempting to take matters into your own hands and lock the tenant out of the property, doing so could result in serious legal consequences.
According to South African law, a landlord is not allowed to lock a tenant out of a property for any reason, including non-payment of rent. Doing so is considered an illegal eviction and can result in criminal charges being laid against the landlord.
If a tenant has failed to pay rent, the first step a landlord should take is to place the tenant in breach. This notice of breach should specify the amount of rent that is outstanding and provide the tenant with a reasonable period of time in which to rectify the situation. The notice should also inform the tenant that failure to pay rent within the specified time frame will result in the termination of the lease agreement.
If the tenant does not comply with the notice of breach, the landlord may then cancel the agreement and proceed with legal action. The landlord may institute proceedings for eviction and may also institute proceedings for recovery of arrear rental and damages.
It is important to note that even if a court order for eviction is obtained, the landlord must still follow the proper legal procedures for eviction. This includes obtaining a warrant of ejectment from the court and ensuring that the eviction is carried out by the relevant sheriff.
If a tenant is unlawfully locked-out, they may approach the court to obtain an order to restore their possession of the property.
While it may be frustrating and costly to deal with a tenant who has failed to pay rent, locking them out of the property is not a legal option. Instead, landlords should follow the proper legal avenues to evict and recover arrear rental. If you are a landlord in South Africa and need assistance with eviction procedures, it is recommended that you consult with a qualified attorney who can guide you through the process and ensure that your actions are legal.
