Landlords Rights and Duties in Cape Town

  • A landlord has the right to be restored with their property if someone is occupying it unlawfully.  There a few defences that a tenant can raise to avoid this if a lease has been validly cancelled.  Therefore, it is often not a question of “if” a tenant will be evicted, but “when.”
  • A landlord has the right to be compensated for all times that someone is in occupation of their property.  If a lease has been lawfully cancelled and the tenant refuses to leave and to pay rental, a landlord has a right to claim that rental.  This is what is known as claiming “damages for holding over.”
  • The landlord has the duty to follow the correct procedure, which is especially stringent in the case of evicting tenants from residential properties.  Some unscrupulous landlords resort to bullying and intimidation to get tenants to vacate without having to get a Court Order, but this is unlawful.