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Written Demand For Payment Of Past Due Rent for South Africa

Written Demand For Payment Of Past Due Rent Template for South Africa

A Written Demand for Payment of Past Due Rent is a formal legal document used in South Africa to demand payment of overdue rental amounts from tenants. The document must comply with South African rental housing legislation, including the Rental Housing Act 50 of 1999 and relevant consumer protection laws. It serves as a crucial step in the debt collection process and may be used as evidence in subsequent legal proceedings. The document includes specific details about the rental agreement, exact amounts owed, payment deadlines, and potential legal consequences of non-payment, all structured in accordance with South African legal requirements.

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What is a Written Demand For Payment Of Past Due Rent?

The Written Demand For Payment Of Past Due Rent is a critical document in South African property law, typically issued when a tenant has failed to pay their rent as per the lease agreement. This formal demand letter serves as a prerequisite to further legal action and must comply with various South African legislation, including the Rental Housing Act, Consumer Protection Act, and Prescription Act. The document should be issued promptly after rent becomes overdue, clearly stating the amount owed, payment deadline, and consequences of non-payment. It forms part of the paper trail necessary for potential legal proceedings and can be presented to the Rental Housing Tribunal or courts if the matter escalates. The demand must be written in plain language as per consumer protection requirements while maintaining its legal enforceability.

What sections should be included in a Written Demand For Payment Of Past Due Rent?

1. Sender Details: Full legal name, registration number (if applicable), and contact details of the landlord/property manager

2. Recipient Details: Full legal name and address of the tenant, including the rental property address

3. Date: Current date of the demand letter

4. Subject Line: Clear indication that this is a formal demand for payment of past due rent

5. Lease Reference: Reference to the relevant lease agreement including date of signature and property details

6. Statement of Debt: Clear statement of the total amount owed, broken down by months and including any applicable late fees or interest

7. Payment Demand: Formal demand for payment including the full amount, payment deadline, and acceptable payment methods

8. Legal Consequences: Statement of legal actions that may be taken if payment is not received by the specified deadline

9. Payment Instructions: Detailed banking or payment details where the payment should be made

What sections are optional to include in a Written Demand For Payment Of Past Due Rent?

1. Previous Communications: Reference to previous payment requests or communications - include when there has been prior correspondence about the debt

2. Payment Plan Option: Proposed payment plan or invitation to discuss payment arrangements - include when willing to accept installment payments

3. Interest Calculation: Detailed explanation of how interest has been calculated - include when charging interest on overdue amounts

4. Covid-19 Considerations: Special considerations or arrangements related to Covid-19 impact - include when relevant to the payment situation

5. Property Inspection Notice: Notice of intention to inspect the property - include when concerned about property condition

6. Mediation Option: Invitation to resolve the matter through mediation - include when willing to pursue alternative dispute resolution

What schedules should be included in a Written Demand For Payment Of Past Due Rent?

1. Schedule A - Rent Payment History: Detailed schedule showing all payments made and missed payments with dates

2. Schedule B - Interest Calculation: Detailed breakdown of interest calculations if applicable

3. Schedule C - Copy of Lease Agreement: Copy of the relevant sections of the lease agreement relating to payment terms and default

4. Schedule D - Previous Communications Log: Copies of previous payment demands or relevant communications regarding the debt

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Residential Real Estate

Commercial Real Estate

Retail Property

Industrial Property

Mixed-Use Property

Student Accommodation

Social Housing

Vacation Rentals

Agricultural Property Rentals

Relevant Teams

Legal

Property Management

Collections

Operations

Tenant Relations

Compliance

Finance

Real Estate

Risk Management

Document Administration

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Rental Administrator

Collections Manager

Property Portfolio Manager

Leasing Manager

Housing Officer

Compliance Officer

Real Estate Attorney

Property Operations Manager

Tenant Relations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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