Why following the right process protects your property and your pocket
Your tenant has missed three months’ rent. The shop is still open, customers are still walking in, and you’re tempted to change the locks and end the problem tonight. Don’t. In Zambia, commercial tenancies are protected by law, and landlords who skip the process often end up paying the tenant instead of getting paid. Knowing the steps first protects you.
1. Start with the lease
Read your lease before you do anything else. It sets out the rent, the length of the tenancy, what counts as a breach, and what notice applies.
Many landlords assume unpaid rent lets them remove a tenant immediately. It doesn’t. Your lease helps you build your case, but it cannot override the law. Keep your records: rent statements, reminders, and all correspondence.
2. Give proper written notice
Most business tenancies fall under the Landlord and Tenant (Business Premises) Act. It requires you to end a tenancy by written notice in the official prescribed form, stating the date the tenancy will end.
A phone call, a WhatsApp message, or a handwritten note will not do. Notice periods can run for several months, and a defective notice can be declared invalid. That sends you back to the start.
3. Know the lawful grounds
When you give notice, a tenant can ask the court for a new tenancy. You can oppose this only on grounds the Act recognises, such as persistent rent arrears, serious breach of the lease, or your genuine need of the premises for your own use or redevelopment.
“I found someone who will pay more” is not one of them. You must be ready to prove your reason with evidence.
4. Use the courts, not self-help
If the tenant refuses to leave, only a court can order them out. Changing locks, removing the tenant’s goods, or cutting off water and electricity is called self-help eviction. It can expose you to claims for damages and turn a strong case into a weak one. The court process is slower, but it is the safe route.
The bottom line
Patience and paperwork protect you. Skipping steps can lead to unlawful eviction claims, damages, and months of delay, often costing far more than the rent you were owed. Before you serve any notice or touch the premises, speak to a lawyer who can check your lease, prepare the correct notice, and guide you through court.
This article is general information, not legal advice.