How long should I wait before evicting a tenant?
- Property Protect
- 6 days ago
- 4 min read
How long should I wait before evicting my tenant?
One of the most common and costly mistakes you as a landlord can make is waiting too long before starting the eviction process against a non-paying tenant. Many property owners feel sorry for the tenant, or are convinced by the tenant's promises, hoping the situation will resolve itself. They may believe the tenant will catch up, that a payment is “coming soon,” or that giving the tenant more time will avoid the inconvenience of legal action.
In reality, if a tenant misses that second month's payment, you can be sure they are in financial trouble - and they are soon going to become a non-paying tenant, aka a squatter.
That's not to say you should even tolerate two months of non-payment. In our view, if a tenant misses even one month's worth of rent, you should issue them with a notice of breach at the very least. For our Property Protect clients, their tenants know not to miss even one month.
If you are going to allow a tenant as much as two months, then you should apply a strict rule: if a tenant has not paid rent for two months, the eviction process should already be underway. In other words, within a week after the tenant fails to pay the first month, you have sent either the notice of breach or termination letter (depending on the terms of your lease agreement - some require a breach notice first). Then, by the time the second month comes around, the time period legally required for the notice of termination (usually 20 business days i.e. 1 month) has expired, and you are ready to start the eviction application.
Don't tolerate even one month's missed rent. The moment the tenant breaches the lease agreement, you should send the notice of termination.
The Financial Damage Compounds Quickly
The first and most obvious problem is, you're losing rent - probably anything between R10,000 - R60,000 a month. A tenant who misses multiple payments is typically already in serious financial distress, and won't be able to recover. If you wait four, five, or six months before acting, the chance that the struggling tenant can repay is virtually zero.
The second problem, a direct knock-on effect from the first, is that you find yourself in debt - to the bank holding a bond over the property, to the municipality for unpaid utilities, or to the Body Corporate / HOA for unpaid levies. All of these liabilities put your investment property at risk. You could lose your property for the sake of sympathy to your bad tenant, or for failing to act in time.
The third problem is the legal costs. An eviction typically costs around R50,000 minimum, provided there are no postponements to further court hearings. And the longer you wait, the more difficult it is to prove to the court that it should prefer your right to payment over the tenant's constitutional right to housing.
This is where the Property Protect solution comes in.
Property Protect does away with the standard legal fees for evictions, and replaces it with an insurance model. Subscribe for R299 per month, and you're covered for evictions and rent collections. When you get a new tenant in, we'll have you ensure the subscription cost is built into the lease, so you get Property Protect for net zero cost.
Delaying an eviction has a knock-on effect - it puts you in debt to the bank, municipality and HOA. Meanwhile, your tenant is relaxing with their new, bigger flatscreen TV they just bought.
The time for sympathy and patience is over.
The Eviction Process Already Takes Time
Evictions are not instant. Even in straightforward cases, the legal process takes time. There are notices, court applications, possible defenses, court dates, and ultimately the involvement of the sheriff if the tenant refuses to leave. Because the process itself can take months, every additional month of delay before starting the process simply extends the period of non-payment.
In other words, if a landlord waits three extra months before acting, they may end up losing six or more months of rent in total by the time the matter is resolved.
Now, there's no need to wait anymore.
Property Protect gives you the power to start your eviction right now. With no high legal fees, and with experienced eviction lawyers in your corner, you no longer have to tolerate losing ROI on your investment property. You have given your tenant a fair chance, and they have failed to repay. It's time to end the sympathy and replace your tenant. Join Property Protect today and get your property back on track.
The above information is for illustrative purposes only and does not take into account your specific circumstances. It therefore does not constitute legal advice. Please contact us for comprehensive advice to address your circumstances. Under no circumstances should any person use the above information in an attempt to circumvent the provisions of legislation or contract, or to cause damage to any other person. Always ensure you and your company are in compliance with the law in all dealings. This information is accurate as of the date of publication. Property Protect is not insurance and does not pay out any claim amount. It is a Value-Added Service (VAS) provided at a discount, directly from our law firm. © 2026 Maybery Attorneys Inc. All rights reserved.
