Preview · page 1Private landlords with a tenant who isn't paying or is breaching the lease
Notice of Breach & Notice to Vacate (Tenant)
The written breach notice and cancellation letter a landlord needs before going to court under the PIE Act.
Quick answer
A notice of breach & notice to vacate (tenant) is a written agreement used by private landlords with a tenant who isn't paying or is breaching the lease in South Africa. This template covers identifies lease and property, describes the breach, 20 business days to remedy (cpa s14), cancellation if not remedied and more, drafted with POPIA, the CPA and the ECT Act in mind.
R199
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What's inside
- 01Identifies lease and property
- 02Describes the breach
- 0320 business days to remedy (CPA s14)
- 04Cancellation if not remedied
- 05Notice to vacate
- 06No eviction without a court order (PIE Act)
- 07No lockouts or utility cut-offs
Good to know
Can I evict a tenant with this notice?+
No. This notice is the step before court. Only a court order under the PIE Act can remove a tenant, carried out by the sheriff.
Can I change the locks or cut the electricity?+
No. That is an illegal eviction and a criminal offence under the PIE Act and the Rental Housing Act.
Can a landlord evict a tenant without a court order?+
No. Under the PIE Act and the Constitution, only a court order allows an eviction. Changing locks or cutting water or power is unlawful.
How much notice must I give a tenant who doesn't pay?+
First send a written notice of breach giving the tenant time to pay (often 20 business days under the CPA). If they don't, cancel the lease in writing, then apply to court.
Is an eviction notice the same as an eviction order?+
No. The notice is the landlord's letter; only a court can grant an eviction order, which the sheriff then carries out.
Is this legal advice?+
No. It's a professionally structured starting point. For high-value or unusual deals, have an attorney review your completed document.
