The Landlord 5 Day Notice is a fundamental document in South African property law, used when tenants have breached their lease agreement terms. This notice is typically issued before any formal legal proceedings and serves as a mandatory first step in addressing lease violations. It must comply with the Rental Housing Act and the Prevention of Illegal Eviction Act (PIE), which provide strict guidelines for tenant notifications and rights protection. The document should clearly identify the parties, specify the breach, demand remedy within 5 days, and outline consequences of non-compliance. It's essential for establishing a legal paper trail and demonstrating compliance with South African property law requirements before pursuing further legal action.
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1. Landlord/Sender Details: Full name, registration number (if company), and contact details of the landlord or their authorized representative
2. Tenant/Recipient Details: Full name and contact details of the tenant(s), including current rental property address
3. Lease Agreement Reference: Details of the relevant lease agreement including date of signature and property description
4. Notice of Breach: Clear statement of the specific breach(es) of the lease agreement, including relevant clause references
5. Demand for Remedy: Specific actions required from the tenant to remedy the breach within 5 days
6. Consequence Statement: Clear statement of consequences if the breach is not remedied, including potential legal action
7. Date and Signature: Date of notice and landlord's or authorized representative's signature
1. Payment Details: Include when breach relates to non-payment, providing detailed banking information for payment
2. Previous Correspondence Reference: Include when there have been previous notices or relevant correspondence about the same issue
3. Calculation of Amounts Due: Include when breach involves monetary amounts, providing detailed breakdown of amounts owed
4. Legal Authority Citation: Include specific references to relevant legislation when dealing with serious breaches or when legal action is likely
1. Proof of Delivery: Template for recording how and when the notice was delivered to the tenant
2. Statement of Account: Detailed statement showing rental payments, arrears, and other relevant financial information (if breach is payment-related)
3. Photographic Evidence: Photos documenting property damage or other physical breaches (if applicable)
4. Copy of Lease Agreement: Attachment of the relevant signed lease agreement for reference
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