PROJECT: WHEN TENANTS ABUSE THE LAW - MR. MODIRI AND MS. XABA
- 5 hours ago
- 6 min read
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THE GROWING COST OF RENTAL FRAUD AND ILLEGAL OCCUPATION
South Africa's rental market has experienced a significant increase in disputes involving tenants
who fail to honour their contractual obligations while relying on the lengthy eviction process to remain in occupation.
Property owners are increasingly faced with tenants who stop paying rent, refuse to vacate after lawful notice has been served, and leave landlords with substantial financial losses before legal eviction can be completed.
While South African law rightly protects occupants against unlawful eviction, these legal safeguards are increasingly
being exploited by dishonest tenants who deliberately ignore their contractual responsibilities.
Every month that an unlawful occupier remains in a property without paying rent places further financial strain on the owner, who must often continue paying bond instalments, municipal accounts, insurance premiums,
maintenance costs and legal expenses.
Specialised Security Services (SSS) regularly encounters matters where civil rental disputes escalate into fraudulent conduct, intimidation, deliberate damage to property, theft of fixtures, or other criminal offences.
Property owners are reminded that although eviction is a civil process governed by legislation,
criminal conduct committed during or after a tenancy should never be ignored.
BACKGROUND:
This matter concerns the conduct of Mr. Ofentse Modiri and Ms. Mpendulo Nomthandazo Xaba, who occupied a residential property under a formal rental agreement.
During the tenancy, the property owner informed the occupants that the property had been placed on the market and provided reasonable notice that the lease would terminate.
The tenants were requested to make the necessary arrangements to vacate the premises within the required period.
Despite receiving lawful notice, the occupants failed to vacate the property when required and remained in occupation after the termination of the tenancy.
RENTAL ARREARS CONTINUED TO INCREASE:
Following the notice to vacate, rental payments fell into arrears.
The tenants repeatedly assured the property owner that:
Outstanding rent would shortly be paid.
They were actively searching for alternative accommodation.
They would vacate the premises as soon as possible.
Unfortunately, these assurances were repeatedly not honoured.
As time passed, the unpaid rent continued to accumulate to the amount of R290,938.00, while the owner remained responsible for the financial obligations attached to the property.
Failure to pay rent while continuing to occupy another person's property causes substantial financial prejudice to landlords and undermines the trust upon which every rental agreement is based.
REFUSAL TO VACATE THE PROPERTY:
The occupants advised the owner that they had nowhere else to live and indicated that they would remain in the property until suitable accommodation had been secured.
South African legislation provides extensive protection against unlawful eviction and requires landlords to obtain the appropriate court order before occupants may legally be removed.
The property owner therefore complied with the law and elected not to resort to unlawful "self-help" measures.
THE OWNER FOLLOWED THE CORRECT LEGAL PROCESS:
Throughout this matter, the property owner followed the prescribed legal procedures by:
Providing notice regarding termination of occupation.
Attempting to resolve the dispute amicably.
Communicating with the tenants regarding outstanding rental.
Allowing reasonable opportunities for compliance.
Following the lawful eviction process applicable to residential occupiers.
Refraining from unlawful actions such as changing locks, disconnecting utilities, intimidation, harassment or forcibly removing occupants.
This demonstrates the importance of allowing the courts to determine residential occupation disputes rather than taking matters into one's own hands.
OUTSTANDING FINANCIAL LOSSES:
Although the occupants eventually vacated the property, outstanding rent remained unpaid.
According to the property owner, the rental debt remains due and payable in terms of the rental agreement.
Recovering outstanding rent often requires additional civil litigation, which can significantly increase legal costs and delay financial recovery.
THE IMPACT ON THE PROPERTY OWNER:
The consequences extended well beyond unpaid rent and included:
Significant financial losses.
Delays affecting the sale and administration of the property.
Ongoing bond and municipal obligations.
Additional legal and administrative expenses.
Emotional stress and uncertainty.
Loss of income that could have been earned from lawful tenants.
For many South African property owners, a single defaulting tenant can create months of financial hardship.
KNOW YOUR RIGHTS AND YOUR RESPONSIBILITIES:
A rental agreement creates legal obligations for both landlord and tenant.
Landlords must:
Follow lawful eviction procedures.
Respect the rights of occupants.
Avoid unlawful self-help measures.
Tenants must:
Pay rent as agreed.
Comply with the lease agreement.
Vacate the property when legally required.
Return the property in substantially the same condition, subject to fair wear and tear.
Neither party is above the law, and contractual obligations remain enforceable.
CRIMINAL CONDUCT MAY ARISE DURING RENTAL DISPUTES:
Although most rental disputes are civil matters, certain conduct may amount to criminal offences depending on the circumstances.
These may include:
Fraud.
Theft of fixtures or household items.
Malicious damage to property.
Intimidation.
Trespassing after lawful eviction.
Forgery or falsification of documentation.
Theft of electricity or municipal services.
Each case must be assessed on its own facts, and where criminal conduct is suspected, it should be reported to the South African Police Service for investigation.
HOW PROPERTY OWNERS CAN PROTECT THEMSELVES:
SSS recommends that landlords:
Conduct comprehensive tenant screening before signing a lease.
Verify employment and income.
Obtain credit and reference checks.
Use professionally drafted lease agreements.
Keep written records of all communications.
Inspect the property regularly in accordance with the lease.
Act promptly when rent falls into arrears.
Obtain legal advice before commencing eviction proceedings.
Never resort to unlawful eviction methods.
Early intervention often prevents disputes from becoming lengthy and costly legal battles.
Rental agreements are built on trust, honesty and legal accountability.
When tenants deliberately fail to meet their contractual obligations while continuing to occupy another person's property,
the financial and emotional consequences for landlords can be severe.
Every landlord should understand the importance of following the law, maintaining proper documentation and acting promptly when disputes arise. Likewise, every tenant should recognise that legal protections against unlawful eviction do not remove
the responsibility to pay rent, honour contractual commitments or vacate a property when legally required.
Should you become the victim of rental-related fraud, intimidation, property damage, unlawful occupation
or other criminal conduct connected to a tenancy, contact Mr. Mike Bolhuis of Specialised Security Services (SSS).
Together with his elite Specialist Investigators, he has extensive experience in investigating complex property-related matters, exposing fraudulent conduct and assisting victims in pursuing lawful remedies.
If you have any questions or concerns, please refrain from engaging in social media commentary
or spreading misinformation, and instead contact our specialist investigator directly and promptly. MR. KOOS GERBER
Contact number: koosg@mikebolhuis.co.za
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