Firstly, you must send the tenant a letter giving them the opportunity to rectify the breach of the lease (i.e. non-payment of rent). If they fail to respond or to rectify the breach within 20 days, the next step is to cancel the lease agreement and commence with the eviction process. You apply to the court to have an eviction notice served by the sheriff on the tenant, who is now considered an unlawful occupier rather than a tenant. A court date is then set and a deadline given for filing an opposing affidavit, should the unlawful occupier want to oppose the eviction.
Simon Dippenaar
https://www.sdlaw.co.zaCape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.
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