Can’t pay rent, what is my rights?

 

In South Africa, even if you can’t pay rent, you have some rights to protect yourself from eviction. Here’s a breakdown of your rights and some steps you can take:

 

Your Rights

 

• ✅ Prevention of Illegal Eviction Act (PIE Act): This act protects tenants from eviction without a court order, even if you don’t have a formal lease agreement.

 

• ✅ Consumer Protection Act (CPA): This act requires landlords to provide a written notice to vacate with a minimum of 20 working days before eviction proceedings can begin.

 

• ✅ Right to be Heard in Court: If your landlord applies for an eviction order, you have the right to appear in court and defend yourself. You can explain your circumstances and potentially negotiate with the landlord.

 

• ✅ Undue Hardship: During the court hearing, you can argue that eviction would cause undue hardship, especially if it leads to homelessness. The court will consider this argument, but it doesn’t guarantee you can stay.

 

 

Steps You Can Take

 

• ✔️ Communicate with Your Landlord: Be honest and explain your situation to your landlord. Open communication can sometimes lead to solutions like a payment plan or a delayed due date.

 

• ✔️ Explore Financial Assistance: Government programs or charities might offer rental assistance to help you catch up on rent.

 

• ✔️ Seek Legal Help: A tenant lawyer can advise you on your rights, explore your options for contesting the eviction, and potentially represent you in court.

 

• ✔️ Gather Documentation: Keep copies of your lease agreement (if you have one), rent payment records, and any communication with your landlord regarding your situation.

 

 

Important Points

 

• 📌 Non-Payment Still Breaches the Lease: While you have rights, not paying rent is still a breach of your lease agreement. The landlord can still pursue eviction through the legal channels.

 

• 📌 Following Due Process is Key: Eviction is a legal process, and the landlord must follow the proper steps. If they try to evict you illegally (e.g., changing locks without a court order), you can apply for a spoliation order to regain possession of the property.

 

Here are some resources that can be helpful

 

• ✅ The Department of Human Settlements: https://www.dhs.gov.za/ They might offer rental assistance programs in your area.

 

• ✅ The South African Housing Rights Network: https://www.sahrc.org.za/index.php/focus-areas/access-to-justice-adequate-housing/access-to-adequate-housing They can provide legal advice and resources for tenants facing eviction.

 

 

Remember

 

Communication and exploring solutions with your landlord can sometimes prevent the need for court. However, if the situation escalates, understanding your rights and seeking legal advice can be crucial in protecting yourself from illegal eviction.