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EVICTION PROCEDURE

EVICTION PROCEDURE

Step 1

Letter of Demand or
Termination Notice for R99

Step 2

Eviction Notice for R99

Step 1

Letter of Demand or
Termination Notice for R199

Eviction Procedure in South Africa can be very complicated.  Usually, before you can approach a Court with an eviction application you need to have followed certain steps. Below is a quick explanation of the steps, which are also illustrated above.

Step 2

Eviction Notice for R199

STEP 1
HAS THE TENANT DONE SOMETHING WRONG?

You need to tell the Tenant that they have done something wrong (e.g. not paying rent); and at the same time give them a chance to fix the problem, this is call a LETTER OF DEMAND.

 

Evictions that are based on a Letter of Demand (i.e. the Tenant is in Breach) are more likely to succeed if the Tenant opposes the eviction or does not co-operate.

If the Tenant HAS NOT done anything wrong but you want them to leave the property, you need to give them a TERMINATION NOTICE; this notice is intended to cancel the Tenant’s occupation and you need to give them to right notice period (time) for the termination to be valid.

The right notice period is usually mentioned in the Lease.  If their is no mention of the notice period in the Lease or there is no Lease, then you need to give 1 (one) full calendar month notice.

Evictions that are based on a the Landlords wish to end to Tenant’s occupation without any Beach by the Tenant are difficult evictions if the Tenant opposes the eviction or does not co-operate.

STEP 2
EVICTION NOTICE

The tenant did something wrong; you gave them a LETTER OF DEMAND … and the tenant has failed to act as you have demanded in the time you demanded.

 

NOW give the Tenant an EVICTION NOTICE.

You cannot give them an eviction notice if they have acted as you demanded.

You gave the Tenant a TERMINATION NOTICE and the Tenant did not leave the property in the time you gave them.

NOW give the Tenant an EVICTION NOTICE.

STEP 3
EVICTION APPLICATION TO COURT

NOW make an application to Court to order that the Tenant vacates the property … the order is called an EJECTMENT ORDER.

 

You will usually need a lawyer to do the application for you.

If you have signed a lease you will normally be able to get the correct dates, notice periods, and procedure from there.  If you do not have a lease or the lease has expired, you may have to rely on what is reasonable or Common Law. If the occupant still will not leave you will need to launch legal proceeding through the Courts and these letters/notice will form part of your Court papers. PLEASE NOTE: You are responsible for sending these letters to the tenant/occupier; iLawyer does not act as an attorney or Law Firm and does not provide legal advice.

STEP 1
HAS THE TENANT DONE SOMETHING WRONG?

You need to tell the Tenant that they have done something wrong (e.g. not paying rent); and at the same time give them a chance to fix the problem, this is call a LETTER OF DEMAND.

 

Evictions that are based on a Letter of Demand (i.e. the Tenant is in Breach) are more likely to succeed if the Tenant opposes the eviction or does not co-operate.

If the Tenant HAS NOT done anything wrong but you want them to leave the property, you need to give them a TERMINATION NOTICE; this notice is intended to cancel the Tenant’s occupation and you need to give them to right notice period (time) for the termination to be valid.

The right notice period is usually mentioned in the Lease.  If their is no mention of the notice period in the Lease or there is no Lease, then you need to give 1 (one) full calendar month notice.

Evictions that are based on a the Landlords wish to end to Tenant’s occupation without any Beach by the Tenant are difficult evictions if the Tenant opposes the eviction or does not co-operate.

STEP 2
EVICTION NOTICE

The tenant did something wrong; you gave them a LETTER OF DEMAND … and the tenant has failed to act as you have demanded in the time you demanded.

 

NOW give the Tenant an EVICTION NOTICE.

You cannot give them an eviction notice if they have acted as you demanded.

You gave the Tenant a TERMINATION NOTICE and the Tenant did not leave the property in the time you gave them.

NOW give the Tenant an EVICTION NOTICE.

STEP 3
EVICTION APPLICATION TO COURT

NOW make an application to Court to order that the Tenant vacates the property … the order is called an EJECTMENT ORDER.

 

You will usually need a lawyer to do the application for you.

If you have signed a lease you will normally be able to get the correct dates, notice periods, and procedure from there.  If you do not have a lease or the lease has expired, you may have to rely on what is reasonable or Common Law. If the occupant still will not leave you will need to launch legal proceeding through the Courts and these letters/notice will form part of your Court papers. PLEASE NOTE: You are responsible for sending these letters to the tenant/occupier; iLawyer does not act as an attorney or Law Firm and does not provide legal advice.

Step 1

Letter of Demand or
Termination Notice for R99

Step 2

Eviction Notice for R99

 

ANY QUESTIONS?  GET IN TOUCH.

 

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