May I change my tenant’s locks if he/she does not pay the rent?

The lease agreement governs the terms and conditions of the lease between the landlord and the tenant. This is why it is so important to enter into a lease agreement. People lease their property for the financial benefit but this in itself does not come without any risks. So often we hear about friends, family, colleagues and clients who has a tenant who simply does not pay their rent. The “bad” tenant.

Just as the landlord has certain obligations and duties to the tenant so the tenant has the obligation of paying his/her rent on the due date.

So what do you do when the rent is not paid and the tenant is giving you the run around?

As tempting as it may be to resort to taking the law into your own hands this is not the ideal answer and may just cause bigger problems in the long run. This is also unlawful. In South Africa residential lease agreements are governed by the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (the “PIE Act”), the Rental Housing Act as well as the Consumer Protection Act. In terms of these Acts you may not change the locks of your property in order to evict the tenant yourself. Should you do this your tenant may obtain an urgent court order against you with costs, even if the tenant is in arrears with his rental.

So how do we follow a legal/lawful eviction process?

The landlord must first in writing notify the tenant of his breach and request that he rectifies his breach within the timeline provided for in the lease agreement. If the tenant fails to rectify his breach the landlord may choose to cancel the lease agreement and should the tenant then refuse to vacate the property the landlord may continue with eviction proceedings. Unfortunately this could become very costly and especially if the tenant has minor children living in the property.

How to prevent placing a “bad” tenant” in your property?

It is important to do credit checks on your prospective tenant/s at the national credit bureaus and also obtain a TPN (Tenant Profile Network Enquiry) search which is now available to us and which specifically relates to bad tenants and their records with previous landlords. Should you need assistance in drafting a lease agreement and doing the necessary searches on your prospective tenant do give us a call.