RENTALS
When this happens , you need to understand and follow the legal requirements and procedures involved in serving eviction notices to tenants . If you take the right steps , your eviction notice will be legally valid . This is a guide to serving an eviction notice correctly .
Legal grounds for eviction Before serving an eviction notice , you must have valid legal grounds for an eviction . The court will only grant an eviction order if :
• You are the owner of the land / property
• The person occupying your property is an unlawful occupier
• You have reasonable grounds to evict the occupier
Before resorting to eviction , you must have given your tenant notice of the breach of the lease agreement and sufficient time ( as stipulated by law ) to remedy the breach .
The court will take into account whether there is alternative accommodation available . The Prevention Of Illegal Eviction
And Unlawful Occupation Of Land Act ( PIE ) defines an “ illegal occupier ” as a person who occupies land without the express or tacit consent of the owner or person in charge of the land , or without any right in law to occupy such land .
PIE also recognises the concept of “ unlawful occupiers ”, which refers to occupants who occupy land or property with the consent of the owner or person in charge , but their occupation is in contravention of a law or agreement .
Eviction notice An eviction notice is a formal written document you as the landlord provide to the tenant , informing them they must vacate the property . It is legal notice that you are starting eviction proceedings and should include , among others , the date when the notice is issued , the tenant ’ s name and contact details , the address of the property , and the grounds for the eviction , such as nonpayment of rent , violation of lease terms , illegal activities , or expiration of lease .
71 FEB 2024 Real Estate Investor Magazine