What Can I Do If I Lost My Tenancy Agreement, and Can I Still Evict? South Africa
Landlords often worry when paperwork goes missing. Losing a lease agreement can feel like losing control, especially when the tenant is not paying rent or breaking the rules. The big question becomes this: what can I do if I lost my tenancy agreement, and can I still evict under South African law?
The short answer is yes, you can. But it’s more complicated without the written lease. South African law recognises verbal lease agreements. So, even if you’ve lost your paperwork, the tenancy still legally exists.
That said, proving the terms of the lease will be harder. You’ll need to demonstrate to the court that a lease relationship existed and that the tenant breached it.
Verbal Lease Agreements Are Legal in South Africa
Under the Rental Housing Act, both verbal and written lease agreements are valid. The law does not require a lease to be in writing to be valid. This means your tenant cannot claim there was no lease just because it wasn’t written down.
You can still prove that a lease was in place. Use WhatsApp chats, email conversations, rent payment records, or even witness statements. These can help show that the tenant was living there with your permission and paying rent.
You will also need to show the court the terms. Even a bank statement showing regular rent payments can help.
The Right to Evict Still Exists Without a Lease
Many landlords ask what they can do if they lose their tenancy agreement, and whether they can still evict non-paying tenants. The right to evict comes from the fact that the tenant is occupying your property. If they stop paying rent or refuse to move out after notice, you can apply to evict them.
Eviction without a lease is legal. However, the process must still adhere to the Prevention of Illegal Eviction Act (PIE Act). You’ll need to go to court and get an eviction order. The court will decide based on fairness and evidence.
You must still prove:
The tenant is occupying your property
You are the legal owner or manager
You gave proper notice
The tenant is in breach or no longer has your consent
Gathering Evidence Is Key
Without the lease agreement, you need to build a strong file. Start with rent receipts or proof of payments. Use text messages, emails, or letters where the lease terms were discussed.
If the tenant acknowledged paying rent to you or discussed moving in or out, keep that. If you have old messages about deposit amounts or notice periods, even better.
Also include municipal accounts or service invoices sent to that address. These show that someone was living there under your control.
Take dated photographs of the property. Keep records of complaints, repairs, and inspections to document the maintenance history of your property. These can all help confirm that a landlord-tenant relationship existed.
Serve a Proper Written Notice
Before applying for eviction, you must give the tenant written notice. This is true even without a lease. The notice should give them at least one calendar month to vacate. You can use registered post, hand delivery, or even WhatsApp (with proof of delivery).
The notice must state that you are terminating the lease and provide the reason. Include a precise move-out date. If they don’t leave, that’s when you approach the court.
A lawyer can help you draft a strong notice. If you’ve already served notice informally, follow it up with a formal written version.
Eviction Process in Court
If the tenant does not vacate, you need to file for eviction. This happens in the Magistrates’ Court. Your court application will need to explain the situation. Even without the original lease, you must show that the tenant was allowed to live there and now refuses to leave.
Your evidence might include:
Bank records
Screenshots of communication
Witness statements
Proof of property ownership
Service bills
Once you file, the court will schedule a hearing. The court will decide whether to grant the eviction. If approved, the sheriff will serve the eviction order and enforce it.
Why Courts May Still Rule in Your Favour
South African courts understand that documents can go missing. They will not reject your case just because there is no lease. The key factor is whether a clear lease relationship existed and whether it was breached.
If the tenant is not paying rent or damaging the property, you still have rights. The court will consider all evidence presented. If you act lawfully and fairly, the judge is likely to grant the eviction.
This is why many landlords want to know what I can do if I lose my tenancy agreement and whether I can still be evictedbe evicted. The law is designed to protect both parties—but especially vulnerable tenants. You must always go through court.
Tenants cannot Claim Squatter Rights if a Lease Existed.
Even if there’s no paperwork, a tenant who was paying rent is not a squatter. The courts will not treat them like illegal occupiers. That means the PIE Act still applies. You must get a court order. You cannot simply change locks or cut off water.
If you try to remove the tenant without a court order, it is unlawful. The tenant can sue you or get reinstated by the court.
Evictions are legal, but only when done correctly. This is true even if you lost the lease agreement.
Recreate the Lease if Tenant Cooperates
In some cases, the tenant is cooperative but needs clarity. You can both sign a new lease agreement. This resets the terms and confirms your arrangement. Ensure that both parties sign and retain copies.
This is ideal if the original lease was lost, but the relationship remains intact. It also helps avoid future disputes.
You may also use the new lease to set new conditions or renew rent terms.
If the Tenant Is Absent or Gone
If the tenant has left but left belongings behind, you must still follow the eviction procedure. You cannot throw their items out. The court must declare the premises abandoned or authorise you to remove the contents.
Take photos of the space and belongings. Send formal notices. Only act once you’ve received legal approval.
This protects you from damage claims later.
Prevent the Problem in Future
Always keep copies of signed leases. Store them in digital and printed form. Email the agreement to yourself. Use a secure cloud service. If you’re using WhatsApp to agree on terms, download those chats for future reference.
You can also have tenants sign a short addendum or confirmation of key terms after the lease has started.
For every payment, issue a receipt. Maintain a tenant file that includes copies of ID, payment logs, and inspection records. These help even if the lease is lost.
Conclusion
Losing a tenancy agreement is not the end of the road. The law still protects your rights. You can still pursue eviction. But the process will rely heavily on other evidence. Take time to gather all communications, receipts, and supporting documents.
Always act legally and respectfully. Never try to evict a tenant yourself. Courts expect fairness and proof.
If you’reyou’re unsure, speak to an attorney or the Rental Housing Tribunal. They can guide you step by step.
For landlords asking, What can I do if I lost my tenancy agreement, and can I still evict, The answer is yes, but the process requires good preparation and legal compliance.
Useful External Links
https://www.justice.gov.za/tribunals/rht/rentalhousing.html
https://www.gov.za/documents/rental-housing-act
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Disclaimer:
This post is for general use only and is not intended to offer legal, tax, or investment advice; it may be out of date, incorrect, or maybe a guest post. You are required to seek legal advice from a solicitor before acting on anything written hereinabove.
