Property On Show
What homes are on show this weekend? Look below and let us lead the way to your new...
Residential for sale
Look no further, you have come to the best real estate firm, Let us help you find your future...
Farms & Smallholdings
Browse through our wide range of farms and small holdings, we offer it all!
Vacant Land
We have various pieces of vacant land available - small, medium and large.
Commercial
Let us help you find the most suitable commercial property to suit all of your business...
Residential to Rent
Are you looking for a rental property? We have it all! From apartments to townhouses and...
Commercial to Rent
Let us find your new office or store location with our large commercial portfolio.
Featured Property to Rent
Duplex cluster in a secure complex - with 24-hour guards - in Menlo Park. The...
Landlords Rent Your Home.

Looking for a secondary income with none of the stress? Let one of our professional consultants manage your rental property for you. We have several great properties available to suit your needs.

Developments
Looking for a brand new home in a secure complex? Let us connect you to your dream...
Featured Developments
Green Development in the Old East of Silverton Introducing a brand-new...
Development On-Show
What’s on show this weekend? View our listings on show and let us lead you to your new...
Let Us Market Your Development

We take a fresh look at marketing your new development by making use of our extensive list of potential buyers, our years of expertise in the field and our modern marketing techniques to help ensure we offer a fast, efficient and professional service with a smile.

Company Profile
Put your most important investment in our capable hands & read our pledge to...
Our History
Our story began in 2012 with only 5 estate agents working from our head office in...
Bond Calculators
Find out what you can afford from the comfort of your home. Make use of our user...
Stay Informed
Sign up for our monthly email newsletter that will keep you informed about all the latest...
Property Email Alerts
Be the first to know what properties are new on the market.
Latest New Article
Stay up to date with the latest news in the property industry.
Nearest Branch
Whether you are looking to Buy, Rent, or Sell, click below locate an Apple Property...
Meet The Directors
The Directors and Founders of Apple Property Connection pride themselves on the...
Meet The Team
Meet our passionate Estate Agents, assistants and support staff.
Join Us
We have several options available to any top qualified agent who would like to...
Sell Your Home
Are you selling your home? Find out more about our modern marketing that will...
We’re Social
Apple Property are on all popular social media platforms. LIKE, FOLLOW and SHARE
You are here: Apple Property / Latest News / 5 Steps Landlords Can Take Against Non Paying Tenants

5 Steps Landlords Can Take Against Non-Paying Tenants

SHOWING ARTICLE 160 OF 255
GALLERY

5 Steps Landlords Can Take Against Non-Paying Tenants

Category Landlords

The COVID-19 pandemic has left many people, including tenants, in poverty. Many people are unable to pay bills, maintain their lifestyles, and survive.

Along with this, of course, is the failure to pay rent. Landlords are struggling to get their tenants to pay rent on time.

Whilst it is important to be sensitive, it is also important to find a solution to the problem. According to the law, landlords are not permitted to simply evict tenants. Tenants are protected by the Prevention of Illegal Eviction from Unlawful Occupation of Land Act, No. 19 of 1998 (PIE Act). 

So, what is a landlord to do?

Here are five steps that can help landlords deal with non-paying tenants. 

#1 - Have a conversation with your tenant

Once the due date for payment has passed, landlords should speak to the tenants before doing anything else.

A friendly reminder might just remind them that their rent is due. It could be a case of pure forgetfulness.

If the tenant is facing financial difficulties, you can decide on a later payment date. Landlords are not required to offer this, but it might be a possible solution.

The important thing is that there is open and clear communication between landlord and tenant. Both parties should understand what the arrangement is following the conversation. 

#2 - Inform tenants of contract breach

If landlords have difficult tenants, they can issue a notice of contract breach.

Landlords have the right to inform non-paying tenants that they have breached the lease agreement. Before doing so, the landlord should ensure that the lease agreement complies with the Consumer Protection Act (CPA).

This Act states that landlords should give tenants at least 20 business days to rectify their breach. Thus, the lease agreement must be up to date. It should include all the specifics that the landlord and tenant agreed upon.

#3 - Decide whether tenants must be issued with an interdict or a cancellation 

Once the landlord has given notice of the breach, the tenant must rectify it.

If the tenant fails to do so, then the landlord can take further steps. They can either proceed with a summons or immediately cancel the rental agreement.

If the summons has been issued and the tenant still hasn't paid the outstanding rental amount, the landlord is within his rights to cancel the lease agreement. Ensure that the tenant understands this procedure. 

#4 - Eviction

As soon as the landlord cancels the agreement, the tenant is no longer protected by the PIE Act. They will be regarded as illegal occupants.

According to the PIE Act, the landlord can then evict the tenant legally.

Once the lease has been cancelled, the landlord can begin the summons proceedings as well as the eviction proceedings.

It is recommended that the landlord enlists the help of his attorney. They are qualified in the legalities that are involved in an eviction process. They will also ensure that the landlord's interests are protected at all times. 

#5 - Issuing the eviction notice

The landlord has to apply for the illegal occupant to the evicted. This application can either be made to the Magistrate's Court or the High Court.

If the application is approved, it will take between 8-10 weeks for the eviction order to be granted.

It is common practice in South Africa for landlords to give tenants two weeks to find other accommodation before the eviction order is executed. 

Many landlords are facing financial struggles during the pandemic due to late-paying tenants. Luckily, the steps above provide a solution to the problem. However, it is important that landlords follow the rules and don't take the law into their own hands. 

Author ImmoAfrica.net
Published 05 Jul 2021 / Views -
Disclaimer:  While every effort will be made to ensure that the information contained within the Apple Property website is accurate and up to date, Apple Property makes no warranty, representation or undertaking whether expressed or implied, nor do we assume any legal liability, whether direct or indirect, or responsibility for the accuracy, completeness, or usefulness of any information. Prospective purchasers and tenants should make their own enquiries to verify the information contained herein.