Understanding Lease Clauses Before Eviction
Are you experiencing difficulties with a tenant and considering eviction as a last resort? A crucial step to succeeding with your case is understanding lease clauses before eviction. South Africa’s eviction process can be complex, but you do not have to handle it alone. Let RCS Law guide you through every step of the process, ensuring the correct procedures are followed and helping you review lease clauses in detail.
As legal experts specialising in evictions, we have found that misunderstandings around lease agreements are a major cause of disputes between tenants and landlords. Since the lease agreement may determine how an eviction can legally proceed, the terms must be properly understood. So, how does your lease agreement affect the eviction process?
The Lease: The Foundation of Your Case
As a legally binding contract, the court will assess your lease when you pursue the eviction of a tenant. If an important clause is missing or unclear, your eviction case may experience delays or not go as planned. Clauses around the following are important:
- What was agreed to in the lease
- Tenant responsibilities in the lease
- Landlord responsibilities in the lease
- How the lease handles breaches and cancellations
- How tenants were notified of their breach or cancellation
As part of our property law expertise, RCS Law can assist landlords by drafting professional lease agreements that protect them. We know the legal steps to evict a tenant, saving you time and money.
Common Lease Clauses That Affect Evictions:
Rental Payment Clause: This important clause should be standard in every rental agreement. It should clearly state the monthly rental cost, when rent is payable, and the consequences for late payment.
Breach Clause: Ensure this clause is clear about what counts as a lease violation and the steps that will be taken after each type of violation. This list is crucial, and if the exact misdemeanour is not mentioned, you may experience complications during eviction. Your breach clause should outline:
- Non-payment of rent/repeated late payment
- Damages to the property
- Unauthorised occupants/subletting without consent
- Illegal activities on the property
- Keeping pets without permission
- Using the property for business
Cancellation Clause: Before an eviction can start, the lease must be lawfully cancelled. Your lease must specify how the cancellation must be communicated, how much notice is required, and whether written notice is mandatory.
Domicilium Citandi et Executandi: Tenants who are in breach must be properly notified of their breach and/or termination of the lease. This should be the address of where the tenants are residing and/or email addresses of all tenants who are signatories to the lease agreement.
Maintenance & Repairs Clause: Make sure you are very clear in this clause. It is common for disputes to arise over who is responsible for repairing what. In some cases, tenants may claim they withheld rent because the landlord did not fix something they were meant to. The court will have to examine this closely.
Clarity matters in court, so avoid being vague or rushing to draft a lease agreement that can be easily misunderstood. Lease clauses are put in place to protect the rights of landlords and tenants according to the PIE Act. Lease clauses must also apply with South Africa’s Consumer Protection Act (CPA) and the Rental Housing Act.
Landlords and rental agents partner with RCS for eviction services that are effective and backed by legal expertise. Understanding lease clauses before eviction is fundamental to your success. CONTACT US today to get started, or fill in our Eviction Services Client Interest form.