A False Eviction Notice document is essential in South African property law when tenants receive unauthorized or fraudulent eviction notices that violate their rights under the Constitution and the Prevention of Illegal Eviction Act (PIE Act). This document type becomes necessary when individuals or entities attempt to circumvent proper legal eviction procedures by issuing false notices to tenants. The document serves multiple purposes: it formally records the fraudulent attempt, provides a basis for legal action, and helps protect tenants from illegal eviction. It must include specific references to South African legislation, particularly the PIE Act, and contain sufficient detail about the false notice and supporting evidence. The document is typically used in conjunction with applications for urgent relief or as part of broader legal proceedings to protect tenants' rights and seek remedies against those issuing fraudulent notices.
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1. Notice Header: Official letterhead and document title identifying this as an eviction notice
2. Property Details: Full address and description of the property in question
3. Tenant Information: Full names and contact details of the tenant(s) being served with the notice
4. False Notice Details: Details of the fraudulent eviction notice, including date received and manner of service
5. Legal Violations: Specific sections of PIE Act and other relevant legislation that were violated
6. Impact Statement: Description of how this false notice has affected the tenant
7. Evidence Reference: List of supporting evidence showing the notice is false
8. Relief Sought: Specific legal remedies being requested
9. Declaration: Statement affirming the truth of the contents and legal implications
1. Witness Statements: To be included when there are third-party witnesses to the false notice or its service
2. Previous Communications: Include if there were prior related notices or communications from the purported landlord
3. Police Case Reference: Include if a criminal case has been opened regarding the false notice
4. Rental History: Include if relevant to establishing legitimate tenancy and good standing
5. Urgent Application: Include if seeking urgent court intervention due to immediate threat
1. Appendix A - Original False Notice: Copy of the fraudulent eviction notice received
2. Appendix B - Proof of Tenancy: Lease agreement and recent rent payment receipts
3. Appendix C - Supporting Evidence: Photographs, communications, or other documentary evidence proving the notice is false
4. Appendix D - Witness Affidavits: Sworn statements from witnesses if applicable
5. Appendix E - Timeline of Events: Chronological listing of relevant events and communications
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