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?
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.
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
NOW give the Tenant an EVICTION NOTICE.
You cannot give them an eviction notice if they have acted as you demanded.
NOW give the Tenant an EVICTION NOTICE.
STEP 3
EVICTION APPLICATION TO COURT
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?
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.
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
NOW give the Tenant an EVICTION NOTICE.
You cannot give them an eviction notice if they have acted as you demanded.
NOW give the Tenant an EVICTION NOTICE.
STEP 3
EVICTION APPLICATION TO COURT
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
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