1. Review the Lease Agreement
Start by going through the signed lease to confirm:
- What specific clauses the tenant is violating (e.g., late payments, noise complaints, subletting, property damage, etc.).
- The procedure for dealing with breaches — most leases outline notice requirements and penalties.
Make sure you have everything in writing, as this will protect you if things escalate legally.
2. Document Every Violation
Keep a detailed record of:
- Missed payments or late rent dates
- Communication (messages, emails, or letters)
- Complaints from neighbours or damages with photos/videos
Documentation is crucial if you need to involve the Rental Housing Tribunal or a court later.
3. Communicate Clearly and Formally
Send a written warning or notice to remedy the breach, referencing the exact clause of the lease.
Include:
- Details of the violation
- What the tenant must do to fix it (e.g., pay rent within 7 days or stop the breach)
- The potential consequence (termination of lease or legal action)
Keep all communication professional and factual — avoid emotional or threatening language.
4. Give a Notice of Cancellation (if needed)
If the tenant continues to break the lease after being warned:
- Issue a formal notice of cancellation according to the Consumer Protection Act (CPA).
- Typically, this requires 20 business days’ notice after the tenant fails to remedy the breach.
- After the notice period, you can legally cancel the lease and start the eviction process.
5. Don’t Attempt a “Self-Eviction”
Never lock the tenant out, cut off utilities, or remove belongings — it’s illegal in South Africa.
Only a court can issue an eviction order after due process under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).
6. Apply for Eviction (If All Else Fails)
If the tenant refuses to leave:
- File for eviction in the Magistrate’s Court or High Court.
- The court will schedule a hearing and may grant an eviction order if the tenant has no valid defence.
This process can take a few weeks to months — so it’s wise to act promptly and with proper legal backing.
7. Consider Mediation Before Court
If possible, try resolving disputes through the Rental Housing Tribunal, which offers free mediation.
They can issue legally binding rulings, often faster than court proceedings.
Lake Properties Pro-Tip ๐ก
Prevention is always cheaper than eviction.
Before renting out your property:
- Run credit and reference checks.
- Clearly explain all lease terms.
- Conduct a move-in inspection with photos.
- Use a professional lease template compliant with the Rental Housing Act and CPA.
A thorough screening and clear agreement upfront will save you major headaches later.
Call to Action
Ready to explore the best investment opportunities in Cape Town?
Contact Lake Properties today and let our experts guide you to your ideal property.
If you know of anyone who is thinking of selling or buying property, please call me
Russell
Lake Properties
www.lakeproperties.co.za info@lakeproperties.co.za
083x 624 7129
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