My tenant refuses to pay rent or vacate the property. What should I do?
- Property Protect
- 5 days ago
- 3 min read
Updated: 5 days ago
A good tenant who is struggling, but doing their best to pay on time, is one thing. But when a bad tenant refuses to pay their rent, it's time to do away with all lenience and mercy on them.
Refusing to pay rent is a breach of contract, and gives you grounds to terminate the lease agreement and demand the tenant vacate. And that's exactly what you should do. The time for lenience and mercy on your bad tenant is past, and now it's time to evict them. The only question is how much force is required to get them out.
The economic reality in South Africa today is that people are struggling to get by. If a tenant isn't paying their rent, then you can be sure they're either not making enough to get by (or just being malicious). But either way, they're never going to catch up on the outstanding rent. Don't believe their promises to pay next month, and don't be intimidated by their threats.
What are landlords' rights when a tenant refuses to cooperate?
Tenant law in South Africa is often said to favour the tenant, and we agree - but that doesn't mean you don't have rights. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) provides landlords with the right to evict a tenant who doesn't pay their rent, but requires a court order first. Landlords cannot take the law into their own hands and evict the tenant on their own.
You can evict your bad tenant, even if you don't have a formal written lease agreement, and even if they have dependents living with them, and even if they have promised to pay next month. Don't be intimidated by a tenant who tries to convince you an eviction will never work, or threatens you with legal action.
If you want to evict your tenant, make sure you don't accept their offer to pay later as this would be considered a novation or settlement of your agreement. Consult with our experienced eviction lawyers to ensure you don't make a technical misstep that negatively impacts your case.
It's time to fight
If you have a tenant who refuses to pay rent, then it means they have committed to acting in bad faith and it's highly unlikely you'll be able to settle the matter amicably. It's time to fight. An eviction scenario is often a highly emotional time for a landlord, and it's best to leave it to our experienced eviction lawyers.
The Steps to Eviction
We need to start by reviewing your lease agreement to ensure the lease is cancelled in compliance with the contract terms. The law favours tenants, and judges often do too - which means that the eviction process needs to be conducted perfectly. Any technical errors will give a judge an excuse to postpone or dismiss the case.
What you should not do!!
Some landlords are tempted to try change the locks, cut off the utilities or install new, scary tenants into the property to intimidate the existing tenant. All of these are considered criminal offences under the PIE Act - see our article on this for further information. It only takes one tenant who knows their rights to land you in jail.
Do you have a problem with your tenant? Get our free guide to handling tenants and evictions here.
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. © 2025 Maybery Attorneys Inc. All rights reserved.
