Rent not paid? Here’s what landlords can and cannot do to tenants for late or non-payment
· Citizen
In South Africa, landlords have several rights and options when tenants fail to pay rent or utilities, but they must still comply with strict legal limitations.
Paul Stevens, CEO of Just Property, said the first legal step landlords must take when faced with a non-paying tenant is to send a written notice of breach.
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However, landlords cannot lock tenants out of the property for late or non-payment, change the locks without providing the tenant with new keys, seize the tenant’s goods without a court order, intimidate or threaten the tenant, or obstruct their entry into the property.
Legal way for landlords to evict tenants
“This notice must be sent by registered mail, email or personal delivery,” said Stevens.
“The notice should state that the tenant is in breach of their lease agreement and that they have 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.”
In a Property24 blog advising landlords and tenants, it is noted that even after a landlord cancels the lease agreement, a tenant cannot simply be evicted; some steps must be followed.
“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.”
Tips for landlords dealing with non-paying tenants
Stevens added that without a court order to evict the tenant, landlords cannot lock the tenant out, change the locks, or cut off their electricity or water supply.
“When a tenant fails to pay their rent or utilities, landlords should take prompt action to protect their interests. However, they should always seek legal advice before taking any steps to evict a tenant.”
Tips:
- Keep a clear record of all communications with the tenant, including rent receipts and notices. (If you are using a managing agent, they should do this for you.)
- Be aware of the tenant’s rights and responsibilities under the Rental Housing Act.
- Do not take any steps to evict the tenant without first obtaining a court order.
What tenants cannot do
The Rental Housing Act protects tenants from any unlawful evictions, but tenants are still required to pay rent or utilities on time and in full unless there is a valid reason.
Apart from late or non-payment of rent, the landlord can take steps to lawfully evict the tenant if they damage the rental property or cause a nuisance to other tenants, use the property for illegal purposes, sublet the rental property without the landlord’s consent, among others.
Stevens said communication is key to a successful landlord-tenant relationship. “If you, as a tenant, are facing financial difficulties or have any other concerns, please do not hesitate to contact your landlord or agent as soon as you can.”
Tips for tenants facing eviction
It is advisable for any tenant facing eviction to contact the Rental Housing Tribunal immediately.
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.
Tips:
- Keep a copy of your lease agreement and all 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.
- Keep the property in good condition.
How to encourage payment on time
PayProp has shared tips for landlords and agents to encourage tenants to pay their rent on time.
According to data at their disposal, arrears are currently at near-record lows. In the fourth quarter of 2025, 17% of tenants were in arrears, just 0.1% above the all-time low achieved in the second quarter. On average, tenants in arrears owed a record-low 71.3% of their monthly rent.
PayProp is an automated, cloud-based property management and rental payment platform designed for real estate agents and property managers.
Reasons for late payment
PayProp highlighted that a more detailed understanding of why arrears can happen can help agents and administrators get those numbers down even further, impressing landlord clients and making commission income more reliable.
The firm listed the following as the three reasons why tenants fall behind on rent:
- Cash flow: the tenant simply doesn’t have enough money to pay.
- Forgetfulness: the tenant has forgotten the rent payment date or the full amount due.
- Administrative ‘friction’: sometimes it’s difficult to pay rent reliably, even when the tenant is willing and able, like when charges such as the levies or utilities change from month to month.
Invoice early
PayProp said sending the right invoices at the right time promotes better payment behaviour in almost every regard.
“Rent averages around 30% of tenants’ income, so giving them more notice increases the chances of a timely payment,” read its advice to landlords.
The firm also suggested changing behaviour with communication. “It’s not enough to send an invoice (but please, do send them). Agents can also encourage timely payments by staying in touch throughout the entire process,” said PayProp.
“This might include sending reminders when rent becomes overdue and confirming once a payment has been received and applied to the tenant’s account.”
Overcoming friction
Another tip PayProp gives landlords is to overcome friction.
“Invoicing tenants early is best practice for agencies, but it can be complicated when municipality or utility bills arrive late,” said the firm.
“Often, agents delay sending out the invoice until they can give the tenant a final total. But according to PayProp’s experts, this is a mistake: agents should send the invoice on the regular date and then follow up with ad hoc invoices once the levy or utility bills arrive.
“The subsequent tenant statement should reflect the full total and breakdown. There can also be banking delays, especially when the tenant and the agency use different banks. This one is also solvable, but only with the right technology.”