The rent does not arrive on the first of the month. A message follows, explaining that payment will be made on Friday. Friday becomes Monday, and before long the landlord is paying the bond on a property that has ceased to provide an income. What began as an accommodation between two people has become a source of considerable anxiety.
Establish the position
If your tenant has stopped paying, the first useful step is to establish the position accurately. Read the lease and prepare a statement showing what fell due, what was paid and what remains outstanding. Separate rental from municipal charges, interest and other amounts. A demand is easier to defend when the figures behind it are clear.
Give the correct notice
The next step will usually involve a written notice calling upon the tenant to remedy the breach. The notice must be worded correctly, delivered in the required manner and allow the tenant the applicable period to remedy the breach. The lease must be considered alongside any applicable legislation. Where section 14 of the Consumer Protection Act applies to a fixed term lease, cancellation for a material breach ordinarily requires written notice and a period of 20 business days in which to remedy it. That requirement should not simply be replaced with a shorter period copied from another lease.
Cancellation and eviction
Cancellation and eviction are separate steps. Even where a lease has been validly cancelled, a landlord cannot remove a residential occupier by changing the locks or carrying the furniture into the street. Eviction generally requires proceedings under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, commonly called PIE, and an order of court.
Consider an agreement
There may still be room for a sensible agreement. A realistic payment arrangement or an agreed departure date can sometimes serve the landlord better than prolonged proceedings. Any agreement should record the amounts, dates and consequences of non-compliance clearly, with advice on how it can lawfully be enforced.
Choose the next step
Patience need not mean allowing the position to drift. Equally, understandable frustration should not dictate the next legal step. A defective notice or premature cancellation can create further expense while the arrears continue to grow.
A practical way forward
At Etienne Botha Attorneys, I can assess the lease, the payment history and your circumstances, and advise on the practical way forward. Where proceedings become necessary, the purpose is to take carriage of the matter on a sound legal footing.
Legal references
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, section 4; Consumer Protection Act 68 of 2008, section 14, subject to applicability.
General information on South African law as at 31 October 2026. Advice on a particular matter depends on its facts and the applicable law. This information does not create an attorney-client relationship.
