The Landlord Affidavit is a crucial legal document in South African property law that serves as a formal, sworn statement made by a property owner or landlord. It is typically used in situations requiring official documentation of facts relating to rental properties, such as eviction proceedings, rental disputes, or submissions to the Rental Housing Tribunal. The document must be prepared in accordance with South African legislation, particularly the Justices of the Peace and Commissioners of Oaths Act, and must be sworn before a Commissioner of Oaths. The affidavit typically includes detailed information about the property, tenancy, and specific circumstances being addressed, and may be supported by various annexures providing evidence of the claims made in the statement.
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1. Deponent Details: Full name, ID number, and address of the landlord making the affidavit
2. Capacity Statement: Statement confirming the deponent's capacity as owner/landlord of the property and authority to make the affidavit
3. Property Details: Full description of the rental property including physical address and registration details
4. Tenant Information: Details of the tenant(s) including full names and ID numbers
5. Lease Agreement Details: Information about the lease agreement including commencement date, duration, and rental amount
6. Statement of Facts: Chronological presentation of relevant facts and events related to the purpose of the affidavit
7. Supporting Evidence Reference: Reference to any supporting documents attached as annexures
8. Truth Declaration: Standard declaration that the contents are true and correct
9. Signature Block: Space for signature, place, and date
1. Rental Payment History: Detailed account of rental payments and arrears - include when affidavit relates to non-payment
2. Property Condition: Description of property condition and damage - include when dealing with property damage disputes
3. Notice History: Details of notices served to tenant - include when relevant to lease termination or breach
4. Breach Details: Specific details of lease agreement breaches - include when dealing with lease violations
5. Previous Proceedings: Information about any previous legal proceedings or tribunal hearings - include if relevant to current matter
1. Annexure A - Proof of Ownership: Copy of title deed or other proof of property ownership
2. Annexure B - Lease Agreement: Copy of the signed lease agreement
3. Annexure C - Correspondence: Copies of relevant correspondence with tenant
4. Annexure D - Payment Records: Bank statements or receipts showing payment history
5. Annexure E - Photographs: Dated photographs of property condition or damage if relevant
6. Annexure F - Notices: Copies of any formal notices issued to tenant
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