What can you do as a Landlord when your Tenant fails to pay their monthly rental on time? Reality is, the socio economic state of many South Africans is depreciating and worsening, many are living in debt as a result of their expenses being more than their income. This calls for interaction between the landlord and the tenant in light of each other’s rights.
The Lease Agreement:
Based on the terms and conditions stated in the lease agreement between the landlord and tenant, if the stipulated time of payment isn’t adhered to , the tenant is then regarded to be in contravention of the lease agreement.
Discretion is upon the landlord to communicate to the Tenant in writing in relation to the outstanding rental amount, however it is significant to note that the landlord isn’t permitted or authorized by law to immediately evict the tenant. The landlord is expected to give the tenant reasonable time and opportunity to rectify the contravention of the lease agreement.
Given that the tenant does not rectify the arrears rental within the stipulated timeframe in the lease agreement, the landlord is then permitted to cancel the lease agreement and sue for the arrears. Ar this stage, the eviction process commences, however please note that the correct legal procedure must be followed in this regard.
Legal Assistance:
Manzankosi Corporate Legal Consultancy is equipped to assist you recover your rental arrears. Our Legal practitioners have been assisting both landlords and tenants to ensure that the spirit of the Constitution is upheld and complied to. Contact 067 147 2323/081 712 1114 or email, info@manzankosiclc.co.za.
