In a recent legal commentary, Vengai Madzima, a Senior Partner at Madzima Chidyausiku Museta Legal Practitioners, detailed the formal procedures landlords in Zimbabwe must follow when a tenant defaults on rent payments. The information, published by NewZimbabwe.com, clarifies the legal steps required for lease cancellation and eviction, emphasizing that property owners cannot unilaterally remove a tenant.
According to Madzima, the process is initiated when a tenant breaches the lease agreement, most commonly through non-payment of rent. The first required action for a landlord is to issue a formal notice to the tenant. This notice must inform the tenant of the breach and provide a specific period, as stipulated in the lease agreement, to remedy the situation by paying the outstanding amount.
If the tenant fails to make the payment within the specified timeframe, the landlord then has the legal right to cancel the lease agreement. Madzima explained that following the cancellation, the landlord must issue a notice to the tenant to vacate the premises.
Should the tenant not comply with the notice to vacate, the landlord is prohibited from taking personal action, such as changing the locks or forcibly removing the tenant or their belongings. The correct legal recourse is to approach the courts to secure an eviction order. This involves filing a summons for the collection of rent arrears and for the tenant’s eviction.
The judicial system is the sole authority for ordering an eviction. Once a court grants an eviction order, its execution is carried out exclusively by the Messenger of Court or the Sheriff of the High Court, depending on the jurisdiction. These officials are the only parties legally authorized to remove a tenant from a property.
Additionally, Madzima noted the concept of the landlord’s tacit hypothec. This legal principle grants the landlord a right over the tenant’s movable property on the leased premises as security for unpaid rent. A landlord can apply to the court to have these assets attached to recover the debt.
The discussion served as a general overview of the legal framework. The original publication included a disclaimer advising individuals to seek specific legal counsel from their own lawyers for personal situations.
