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ARTICLE · 27 JUNE 2022

A Landlord's Guide To Express And Efficient Evictions

In part one of this series, we discussed the manner in which a Landlord may cancel an agreement of lease, and practical steps were provided that need to be followed in order to ensure...

South AfricaReal Estate and Construction

Part 2: Recourse for the Landlord after lawfully cancelling the Lease Agreement

In part one of this series, we discussed the manner in which a Landlord may cancel an agreement of lease, and practical steps were provided that need to be followed in order to ensure the lease agreement is lawfully cancelled, enabling the Landlord to proceed with legitimate eviction steps and/or claim(s) for damages.

Once the Lease Agreement is lawfully cancelled by the Landlord, the Landlord may have various forms of recourse against the previous Tenant.

LANDLORD'S RECOURSE AGAINST THE TENANT

In many instances, the Tenant will unlawfully remain on the property, even though the Landlord has lawfully cancelled the lease agreement. In legalese the Tenant is then no longer referred to as a Tenant, but rather as an Unlawful Occupant by reason of the fact that the lease agreement between the parties have been cancelled and with that, also the right of the Tenant to remain in

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