Legal Articles

There are many questions faced by landlords during coronavirus South Africa, that may still require answers.

The pandemic has caused much confusion among landlords and tenants alike. For this reason, we have put together a list of answers to some of the questions that most landlords have been asking.

Q & A for Landlords During Coronavirus South Africa

What happens to an eviction order?

Eviction orders that were granted before the South African lockdown cannot be enforced until the Sheriffs are fully operational once again.

However, it’s of utmost importance that a letter of demand is issued to the tenants who have not paid their rent so that you can take action as soon as the lockdown is lifted.

Can I charge new tenants rent from the 1^st of April even though they weren’t able to move in until much later?

In situations where a tenant is unable to physically move into a property during lockdown, the landlord may have no claim against the tenant for any amount of rent during the same period.

The pandemic which resulted in a national lockdown was a situation that was outside of either landlord or the tenant’s control.

Can a tenant cancel their lease agreement in the usual way?

Tenants retain their right to cancel their lease agreement by giving a notice period of 20 business days. However, this does not come without consequences.

Should the tenant cancel their lease agreement early, the landlord retains his or her right to charge a penalty for early cancellation.

In addition, if the landlord suffers damages or loss due to not finding a replacement tenant, he or she may still charge the previous tenant loss of rental.

Is my tenant obliged to pay rent as per the lease agreement?

Despite the circulation of a fictitious document that barred landlords from collecting rental money from their tenants for a period of 3 months after the lockdown commenced, tenants remain legally bound by their rental agreement.

Van Deventer & Van Deventer Incorporated – Attorneys in South Africa

The uncertainty faced by tenants and landlords during the national lockdown in South Africa has paved the way for many disputes to arise. However, with careful negotiation supported by our legal professionals, disputes can easily be avoided.

Should you have any additional questions that were not answered in this article, please feel free to contact our attorneys in Cape Town and Johannesburg.