What Happens If I Cannot Pay My Rent?

Rent day is coming and you know the money will not be enough. Maybe you lost hours at work, a family member needed help, or other debts ate your salary. This happens to many South Africans, and there are steps that protect your home if you act early.

What is happening

When you do not pay rent on time, you are in breach of your lease. That gives the landlord certain rights, but those rights are limited by law.

First, the landlord may ask you to pay, usually in a letter of demand. Many leases, and the Consumer Protection Act where it applies, require the landlord to give you written notice and a fair chance to pay the arrears before cancelling the lease. For fixed-term leases this notice period is often 20 business days.

If you still do not pay, the landlord may cancel the lease. Cancelling the lease does not mean you can be thrown out. Under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act), only a court can order an eviction. The landlord must apply to court, and you must get formal written notice of the court date, at least 14 days before the hearing. The court looks at whether eviction is just and fair, including whether there are children, older people, people with disabilities or households headed by women, and in some cases whether other accommodation is available. Only the sheriff can carry out an eviction order.

The landlord cannot lock you out, remove your belongings, take off doors or cut water or electricity to force you out. That is unlawful, and you can go to court urgently to get back in.

The landlord can still sue you for the rent you owe. Rent arrears do not disappear if you move out.

Signs to notice

• You have paid late more than once in the past few months.
• You have received a letter of demand or a notice about arrears.
• Your income dropped, or someone who shared the rent has left.
• You are borrowing, including from a mashonisa, to pay rent.
• The landlord has started threatening to change locks or switch off power.
• You are avoiding calls or messages from the landlord.

30-second self-check

Answer yes or no to each question.

• Are you one month or more behind on rent?
• Have you received a written notice about the arrears?
• Has the landlord said the lease is cancelled?
• Have you been given court papers or a notice of a court date?
• Are you borrowing money to cover rent?
• Do you have children or older family members living with you?
• Has anyone threatened to lock you out or remove your things?

0-1 yes: You have time. Talk to your landlord now and make a plan before it grows.
2-3 yes: Your home may be at risk. Put a written payment plan in place and get free advice this week.
4 or more yes: Treat this as urgent. Get legal help now, especially if there are court papers.

What you can do next

• Today: Tell your landlord in writing before rent is due that you will be short, how much you can pay and when. Silence usually makes landlords assume the worst.
• This week: Offer a realistic payment plan and ask for the agreement in writing. Check for help you may qualify for, such as a UIF claim if you lost work, or a SASSA grant.
• This month: List all your debts. If most of your income goes to debt, speak to a registered debt counsellor before you take on more.
• If you receive court papers, read them the same day. Go to the hearing, or have someone represent you. Tell the court about your circumstances.
• Do not sign anything agreeing to leave, or giving up your belongings, without understanding it.
• If you are locked out or your power is cut, see the article "Can My Landlord Lock Me Out?" and get urgent legal help.

Your tool

Eviction Risk Check - asks a few questions about your arrears, notices and court papers, and shows how urgent your situation is and who to contact first.

When to get professional help

Get help as soon as you receive court papers, if the landlord threatens a lockout, or if you cannot see a way to catch up within a few months. The earlier you get advice, the more options you usually have.
Who can help: Legal Aid South Africa, an attorney, the Rental Housing Tribunal, an NCR-registered debt counsellor, a social worker, a mediator

Getting help in South Africa

• Rental Housing Tribunal: your provincial tribunal can mediate rent disputes and unfair practices, at no charge.
• Legal Aid South Africa (legal-aid.co.za): can help with eviction cases if you qualify.
• National Credit Regulator (ncr.org.za): lets you check that a debt counsellor is registered. Always ask for the NCR registration number.
• Department of Employment and Labour (labour.gov.za): for UIF claims if you lost work.
• SASSA (sassa.gov.za): to check whether you qualify for a grant.
• Community advice offices and university law clinics: free help with letters and eviction papers.