Notice to remedy breach and letter of demand

The steps for unpaid rent

1. Reminder. A short message the day after rent is due, with a statement.
2. Notice to remedy breach. In writing, delivered as the lease's notice clause requires, giving the period in the lease or 20 business days where the Consumer Protection Act applies, whichever is longer. Keep proof of delivery.
3. Cancellation. Only if the arrears are not paid by the deadline, and only after it.
4. Letter of demand. For the amount owing, before handing over for collection or legal action.
5. Eviction. Only by court order under the PIE Act. The Rental Housing Tribunal can hear rental disputes but does not grant evictions.

Counting business days

The count starts the day after delivery. Saturdays, Sundays and public holidays are skipped, including a Monday holiday when a public holiday falls on a Sunday. The timeline lists every holiday it skipped.

Questions

How much notice must a landlord give before cancelling a lease for unpaid rent?

Where the Consumer Protection Act applies (a landlord letting in the ordinary course of business), section 14 requires written notice of the breach and 20 business days to remedy it before the lease can be cancelled. If the lease gives longer, follow the lease.

Does the Consumer Protection Act apply to residential leases?

The Western Cape High Court confirmed in Transcend Residential Property Fund v Mati (2018) that section 14 applies to residential leases.

What are business days?

Every day except Saturdays, Sundays and public holidays.

Can a landlord evict after cancelling the lease?

Only with a court order. Evictions from a home follow the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). Cutting services or changing locks is unlawful.

General information, not legal advice. Check your lease, and speak to an attorney before cancelling a lease or starting an eviction.