The 5 Day Eviction Notice is a critical legal instrument in South African property law, designed to initiate the formal eviction process while protecting both landlord and tenant rights. This document is typically used when there has been a serious breach of the lease agreement, such as non-payment of rent or property damage, and the landlord seeks to terminate the occupancy. The notice must strictly comply with the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act), the Constitution of South Africa (particularly Section 26), and the Rental Housing Act. It contains essential information including party details, property description, grounds for eviction, and required actions. Property owners must ensure this notice is properly drafted and served, as it forms the foundation for any subsequent legal proceedings if the tenant fails to vacate.
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1. Notice Header and Date: Formal heading indicating this is a 5-day eviction notice, including the current date and reference number if applicable
2. Landlord Details: Full name, registration number (if company), and contact details of the property owner or authorized landlord
3. Tenant Details: Full name(s) and contact details of all tenants being served with the notice
4. Property Description: Complete physical address and description of the property subject to the eviction notice
5. Legal Basis: Citation of relevant legislation (PIE Act) and lease agreement clauses forming the basis for eviction
6. Breach Description: Clear statement of the reason for eviction, including specific breaches of the lease agreement
7. Required Action: Clear instruction that the tenant must vacate the premises within 5 days
8. Consequences: Statement of legal consequences if tenant fails to comply with the notice
9. Signature Block: Space for landlord or authorized representative's signature and date
1. Previous Notices: Reference to any previous warnings or notices issued to the tenant - include when there is a history of breaches
2. Payment Details: Include when eviction is due to non-payment, showing outstanding amounts and payment history
3. Property Inspection Requirements: Include when specific inspection arrangements need to be made before vacation
4. Alternative Resolution Options: Include when offering alternatives to eviction, such as payment arrangements
5. Legal Representation Notice: Include when either party is represented by legal counsel
1. Proof of Lease Agreement: Copy of the original lease agreement showing terms that have been breached
2. Payment Records: Documentation of missed payments or payment history if eviction is payment-related
3. Previous Correspondence: Copies of previous warnings, notices, or relevant communication with tenant
4. Property Inspection Reports: If eviction is due to property damage, include documentation of the damage
5. Proof of Service: Documentation showing how and when the notice was served to the tenant
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