The Non Lease Eviction Notice is a critical legal document used in South African property law when seeking to remove unlawful occupants from a property where no formal lease agreement exists. It must strictly comply with the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act), the Constitution of South Africa, and other relevant legislation. This document is typically used in situations involving squatters, illegal occupants, or persons who initially had permission to occupy but whose right of occupation has expired or been terminated. The notice must include specific statutory requirements, including clear grounds for eviction, reasonable notice periods, and information about occupants' legal rights. It serves as the foundation for subsequent legal proceedings and must be properly served according to South African law.
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1. Notice Header: Formal letterhead including date, reference number, and method of delivery
2. Recipient Details: Full names and details of all occupants being served with the notice
3. Property Description: Detailed description of the property including physical address, erf number, and registration details
4. Grounds for Eviction: Clear statement of the legal basis and factual reasons for the eviction
5. Notice Period: Specified time period given to vacate the property, meeting statutory requirements
6. Legal Rights Advisory: Mandatory section informing occupants of their legal rights and access to legal representation
7. Compliance with PIE Act: Statement confirming compliance with PIE Act requirements
8. Contact Information: Details of the property owner/representative for communications
9. Signature Block: Formal closing with full details of the sender and signature
1. Previous Notices Reference: Include when prior notices or communications have been sent
2. Alternative Accommodation: Required when dealing with vulnerable occupants or long-term residents
3. Municipal Services Status: Include if there are issues with utility payments or services
4. Specific Court Order References: Include when acting under an existing court order
5. Illegal Activity Details: Include when eviction is based on criminal or illegal activities
6. Protection Order References: Include when there are existing protection orders related to the property
1. Proof of Ownership: Copy of title deed or other proof of ownership documents
2. Property Photos: Recent photographs of the property and any relevant damage or issues
3. Previous Correspondence: Copies of any prior notices or relevant correspondence
4. Police Reports: If applicable, copies of any police reports or criminal complaints
5. Municipal Account Statements: Copies of relevant utility bills or payment records
6. Occupant Details Schedule: List of all known occupants and their details
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