The Eviction Notice For Non Payment Of Rent is a crucial legal document used in South African property law when a tenant has failed to meet their rental payment obligations. This notice must be drafted and served in strict compliance with the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act), the Rental Housing Act, and other relevant legislation. It is typically used after informal attempts to resolve payment issues have failed and before initiating formal court proceedings. The notice must include specific details about the property, parties involved, amount of rent outstanding, timeframes for remedy, and potential consequences. It serves both as a formal demand for payment and as a prerequisite document for any subsequent legal action. The notice must be carefully drafted to ensure it meets all legal requirements, as South African law provides significant protection to tenants against unlawful eviction.
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1. Notice Header: Formal title of the document stating 'Notice of Eviction for Non-Payment of Rent' with the date of issuance
2. Landlord Details: Full name and contact details of the landlord/property owner or authorized representative
3. Tenant Details: Full name(s) of all tenant(s) and current contact information
4. Property Details: Complete physical address and description of the rental property
5. Lease Agreement Reference: Reference to the original lease agreement including date of commencement
6. Breach Details: Specific details of unpaid rent including amounts and periods of non-payment
7. Notice Period: Clear statement of the notice period given (as per lease agreement and law) and the expected vacancy date
8. Legal Warning: Statement indicating that legal proceedings will be initiated if the tenant fails to vacate or remedy the breach
9. Right to Remedy: Information about the tenant's right to remedy the breach by paying the outstanding amount
10. Signature Block: Space for landlord's signature, date, and witness signatures if required
1. Previous Notices: Reference to any previous notices or warnings issued regarding rent non-payment
2. Payment History: Detailed history of missed payments and partial payments, used when there's a complex payment history
3. Alternative Resolution: Proposed payment arrangements or settlement options, if the landlord is willing to negotiate
4. Property Inspection: Details of final property inspection requirements and arrangements
5. Security Deposit: Information about the handling of security deposit, if applicable
1. Schedule A - Rent Payment History: Detailed statement showing all missed payments, amounts, and due dates
2. Schedule B - Copy of Lease Agreement: Attached copy of the original signed lease agreement
3. Schedule C - Previous Correspondence: Copies of previous reminder letters, warnings, or notices regarding rent payment
4. Schedule D - Proof of Service: Documentation showing how and when the notice was served to the tenant
5. Schedule E - Property Condition Report: Current condition report of the property (if relevant to the eviction process)
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