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I am a landlord. How can I evict a non-paying tenant?

Firstly, you must send the tenant a letter giving them the opportunity to rectify the breach of the lease (i.e. non-payment of rent). If they fail to respond or to rectify the breach within 20 days, the next step is to cancel the lease agreement and commence with the eviction process. You apply to the court to have an eviction notice served by the sheriff on the tenant, who is now considered an unlawful occupier rather than a tenant. A court date is then set and a deadline given for filing an opposing affidavit, should the unlawful occupier want to oppose the eviction.

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Simon Dippenaar | SD Law Cape Town

http://www.sdlaw.co.za

Cape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

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The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.