Document background
The Notice To Vacate Unauthorized Occupant is a crucial document in South African property law, designed to initiate the legal process of removing unauthorized occupants from a property. It must be drafted and served in strict compliance with the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act) and constitutional provisions protecting housing rights. This notice is typically used when informal settlements develop on private property, when tenants remain in occupation after lease termination, or when individuals occupy property without any prior agreement or permission. The document must include specific details about the property, all known occupants, the basis for determining the occupation as unauthorized, and a clear timeline for vacation. It serves as a prerequisite for any court application for eviction and must demonstrate consideration of the occupants' constitutional rights.
