Tenants Refusing Access? Your Eviction Options

As experts in property law, our eviction attorneys are often asked whether a tenant’s refusal to allow access to a rental property is grounds for eviction. As a landlord, you are entitled to enter your rental property within reason, even if it is occupied. At the same time, you should be mindful of your tenant’s right to privacy and undisturbed use of the home they are renting from you.

When tenants refuse access, it disrupts necessary inspections and maintenance. If you are showing your property to prospective buyers or tenants while it is occupied, you must follow proper procedures. This means giving your current tenant adequate notice, communicating with them openly, and acting within your legal rights.

Have you remained compliant, yet still have tenants refusing access? Your eviction options should be carefully considered.

What Landlords May Not Do

If you are a South African landlord, you have the right to reasonable access to your property for planned repairs, maintenance, inspections, and viewings; however, you may not:

• Enter the property without proper notice or consent from the tenant
• Force entry or use intimidation tactics
• Disrupt the tenant’s private and peaceful enjoyment of the property
• Interfere with, remove, or damage any tenant belongings

Is a Tenant’s Refusal of Entry a Breach?

Our RCS Law team cannot place enough emphasis on the importance of a well-drawn-up lease. Should disagreements between you and your tenants arise, your lease is the document you will refer to, as it defines each party’s rights and obligations. If your lease was drafted properly, it should contain a clause that allows you reasonable access to your rental property.

If you are dealing with a non-paying or problem tenant, evict legally with our help. When your tenant refuses lawful access as outlined in the lease, this constitutes a material breach. The next steps are to:

• Issue a written notice of the breach of contract
• Seek resolution or compliance with your tenant
• If this does not work and the breach continues, pursue legal eviction

Steps to Evict Legally:

• Issue a written notice of breach, which outlines a time for compliance.
• If the breach persists past the time allocated, cancel the lease
• Apply to the High Court for a legal eviction order
• Serve the court papers with at least 14 days’ notice
• Attend the court hearing to present your case, and
• If successful, illegal occupiers are removed by the Sheriff of the Court.

These are the legal steps to evict a tenant. By working with RCS Law and our team of eviction attorneys in Cape Town, you are one step closer to achieving the best possible results. Ready to get started? CONTACT US or complete and submit our Eviction Services Client Interest Form today.