Evict delinquent tenants easier
Evicting a tenant who refuses to leave your property despite failing to fulfil their lease conditions is hard. Get a legal Notice to Institute Eviction online within 48 hours, and a Notice of Eviction to complete the eviction process with less fuss and expense.
You shoulder less stress, while ensuring your eviction notice is legal and legitimate.
What are legal reasons for eviction?
A tenant may be evicted when they have breached their lease agreement’s terms by not paying rent (and when it may be legally assumed they will not pay their lease in the future).
What are legal criteria for eviction?
You may initiate an eviction when:
- Tenants occupy your property without your signed, valid consent as landlord
- Tenants occupy your property without having any legal right to do so
- Tenants are not considered legal occupiers with regards to other laws protecting occupation rights
Should you cancel or withdraw your consent as a landlord for an occupier to stay on your property (within legal requirements), the occupier is considered unlawful.
Other kinds of unlawful occupiers include squatters and mortgage defaulters (mortgage holders who fail to uphold their mortgages’ legal obligations).
How it works
You answer a few simple questions
Lawyers reviews and confirms details
Lawyer puts together documents and instructions
You get your documents (within 48hrs)
What laws apply to unlawful occupiers?
When you wish to evict a person using your property via a lease agreement (for example, occupying a flat), you are legally required to use the procedure codified in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (PIE Act).
PIE applies to unlawful occupiers. It is important for a landlord to follow the correct process. Taking the law into your own hands (for example, cutting the electricity supply to a property or intimidating an unlawful occupier to encourage vacating) may have undesirable consequences.
Unlawful occupiers have rights according to PIE and the Constitution. A court will only authorize your eviction order after the legal rights of all people involved have been considered and the eviction is deemed to have legal merit.
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What would your online eviction notice include?
With DIY Legal, you get everything you need to initiate an eviction lawfully, including:
- Consultation with a lawyer to determine what you want to submit (if you choose our consultation package)
- Lawyer-approved Notice to Institute Eviction and Notice of Eviction documents
- Guidelines for serving and registering your eviction notices
- Lodging and registering of eviction papers (should you choose this option in your online eviction package)
What we stand for
An online eviction is the cheapest and quickest way to create eviction notices
No need for a long consultation process
Straightforward process without the need for lawyers
Decent prices with no hidden costs
Clear guidance on how the process works
What can’t a landlord legally do eviction-wise?
If there are unlawful occupiers on your property, you may not:
- Change your property’s locks or add additional locks
- Shut off essential utilities (such as water)
- Forcibly remove, threaten or intimidate tenants
- Remove tenants’ possessions