Depending on your specific lease agreement, in general, if a tenant is seven days late in their rental payment, they are then deemed, in the eyes of the law, to be in breach of their lease agreement.
It is up the landlord to inform their tenant of this in writing of the arrear rental, but it does not give the landlord the right to immediately evict their tenant. Through this official notice, a landlord is giving their tenant the opportunity to resolve their breach of the lease agreement. A landlord can blacklist the tenant with the credit bureaus at this point.
In general, if the tenant does not resolve the arrear rental within 20 days, a landlord can only then look at cancelling the lease, and sue for arrear rental, and attach the tenant’s belongings in terms of the landlord’s tacit hypothec. The landlord can also start evicting their tenant. But, a landlord cannot evict their tenant without following the correct legal processes. For that reason, if a tenant has defaulted on their rental payments, a landlord should obtain legal assistance as soon as possible.
(A division of Simon Dippenaar & Associates Inc., a law firm in Cape Town and Gauteng, consisting of specialised South Africa eviction lawyers and arrear rental attorneys.)