Unable to pay your rent because lockdown left you with no income or not enough to make payment? Scorpion Legal Protection answers the question of whether or not you’re obliged to pay rent for this time, evictions, and what you can do.
The first big question: As a tenant, am I obliged to pay rental for the period of lockdown?
Yes. When you rent a place, you enter into a contract with the landlord saying that you agree to pay them each month for the use of the space, and they agree to rent you the space. Communication with your landlord is the first step you should take if you are unable to pay your rent. You may find that you and your landlord can come to a payment agreement that works for both of you.
But let’s say this is proving difficult. Can your landlord evict you for not paying? No. Government Gazette No: 43167 makes it clear that “all evictions and execution of attachment orders, both movable and immovable, including the removal of movable assets and sales in execution is suspended with immediate effect for the duration of the lockdown.” The amended Regulations state that no person may be evicted from their place of residence, regardless of whether it is a formal or informal residence or a farm dwelling for the period of level 3 lockdown. Evictions are still not allowed under level 3 lockdown and Dr Nkosazana Dlamini Zuma, Minister of Cooperative Governance and Traditional Affairs, stated that “given that rental income is also an important livelihood stream for some, we have inserted the possibility for a competent court to grant an eviction order provided it is ‘just and equitable’,”.
As a tenant, you can approach the relevant authorities for a grant if you qualify for assistance, like the Covid-19 TERS fund that employers apply for on your behalf, or standard UIF.
Tips
- Tenants suffering financially under the Covid-19 lockdown are not automatically released from their obligation to pay rent. Talk to your landlord about your situation.
- You cannot be evicted from your home without proper legal process being followed.
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* This is only basic advice and cannot be relied on solely. This is a fictional scenario to illustrate cases. The information is correct at the time of being sent to publishing.