Real Estate Investor Magazine South Africa April 2016 | Page 27

What if the tenant is behind with the rent?

Technically, your tenant is in breach of contract.
Your lease should have a breach clause in it; this is
the time to enforce it. If you don’t have a cancellation
agreement or breach clause in the lease, or if you want
to give your tenant a reasonable chance to put things
right, it is good practice to write a letter giving your
tenant seven days to pay, failing which you will cancel
the lease. We can draft the letter and send it on your
behalf

What is the eviction process?

A landlord may not evict a tenant. You may seek a
court order to evict a tenant if your tenant is in breach
of contract, for example if the rent has not been paid.
However, we would urge you to encourage the tenant
to rectify the breach. In fact the Consumer Protection
Act allows for this. Legal action is the last resort and,
however justified, is never pleasant, especially where
someone’s home is involved, so it is always advisable
to give the tenant the opportunity to pu [