Flat Rental Agreement Template South Africa
As a landlord, it may come at a time when you want to terminate the agreement you have with your tenant. In cases where the tenant refuses to evacuate your premises, you must follow a special legal procedure to evacuate the tenant. In order to evict an illegal occupier from the property, the procedure provided for in Sections 4 and 5 of the prevention of illegal eviction and illegal occupation of land under Law 19 of 1998 (“the law”) must be respected. This means that the owner must obtain a court order for the eviction of the unlawful occupier. The main purpose of the law is to protect both occupiers and landowners by providing for the prohibition of illegal eviction and the eviction procedures of illegal occupiers. The steps of the eviction process follow: 1. Letter of debt and termination It is necessary to determine whether the tenancy agreement is terminated, either by termination due to a violation by the tenant or by notification regarding the tenancy agreement. The tenant must be an illegitimate occupier, which means that the lease is completed, but the tenant remains in the illegitimate occupation of the property without the landlord`s consent. In the event of non-compliance with a tenancy agreement, the lessor must inform the tenant in writing and provide the tenant with 20 working days to repair the breach, unless the tenancy agreement specifies otherwise. If there is no lease or if the lease is made for an indeterminate period on a monthly basis, the lessor must allow a calendar month to the tenant to remedy the situation.
If the tenant does not repair the breach within the allotted time and the matter cannot be resolved, the landlord issues the tenant with a letter in which the tenancy agreement is terminated. Recent case law at the KwaZulu-Natal Local Division High Court has confirmed that notification of an ejection procedure is a notification to a tenant that a lessor intends to terminate the lease. A model for terminating a registered tenancy agreement is www.LawyersEzyFind.co.za 2. Eviction Action Project If the tenant does not resign the infringement and the tenancy agreement has been terminated and the tenant continues to occupy the premises, the eviction procedure should continue.