This is the first step to notify the tenant that they are in breach for failing to pay rent as per the lease agreement. It gives them 20 business days to remedy this breach as required by law.
Step 2.
Letter of Cancellation
If the tenant fails to comply with the Letter of Demand, you can cancel the lease and demand immediate vacating. If they refuse, they are in unlawful occupation and you can apply to Court for eviction.
Step 3.
Eviction Application
This is a Request for Permission to Serve, a Notice of Motion, and a Founding Affidavit. We draft these documents and appear before a Magistrate to get permission to serve the eviction application.
Step 4.
Court Appearance
If unopposed, an Eviction Order is issued, giving the tenant time to vacate before the Sheriff ejects them. If opposed, we present arguments before a Magistrate to finalise the matter.
Double time your eviction demand with our eviction professionals in Newfields. It is essential for any sort of lessor or financier having a leasing portfolio to familiarise themselves with the PIE Act together with the numerous processes it maps out for legitimately dealing with neglectful lessees. Eviction in whens it come to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
Property owners in Newfields must refrain from such unlawful actions as changing locks, or locking the tenant out or disengaging services. There certainly is nothing at all to prevent a landlord from dispatching a command for the delinquent rent payment after the renter has been extruded.
Getting Tenants Out
Even though many of us can not envision a scenario arising where the tenant not only chooses not to settle the rent, but also decides not to move out.
Lease Agreements
Though it isn’t a official condition to have a drafted lease contract, it’s ardently recommended. The lease agreement ought to illustrate each of the details– for both of these parties– of the occupancy. The lease gives safeguards to both of property owner and lessee in the event of either individual breaking their obligations.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. More significantly one needs to show a court that there is and or will be serious injury to persons (this could include the wrongful occupants themselves) or destruction to residential or commercial property in the event that the request is not granted. The urgent eviction is so powerful, that it offsets the recalcitrant tenant or the unlawful occupant to get ordered by the judge to vacate the residential or commercial property in less than 1 day, declining which the sheriff of the court is mandated to emphatically dislodge the illegal occupier off the home.
Time & Cost of Evictions
To remove a tenant in Athlone lawfully, the best way to minimise expenses and ultimately losses is to operate quickly and appropriately while eliminating needless delays. The rental arrears recuperation processes is typically begun along with, and operates in conjunction to the application for the eviction processes.
Landlords Rights
Although a strong rental contract shortens eviction processes, the absence thereof does not necessarily suggest that unauthorised occupants can’t be dislodged. Find out more about property owners rights here.
Required Documents
The first step should be to get the subscribed lease contract agreement from the client and particulars of the noncompliance of the tenant. In case that the lessee cannot pay for rental, comprehensive specifics of the arrears have to be given by the property owner.
Newfields Eviction Notice : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers in Newfields, experienced in fast legal eviction notices for landlords and property owners. Get the assistance you need today.
Eviction Order Lawyers for Newfields in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly became one of the major law firms in Cape Town. Evictions are dealt with by Rubensteins Attorneys who is a highly proficient an experienced litigation attorneys with a detailed knowledge of eviction laws in Cape Town. Rubensteins come with numerous successful eviction cases in their portfolio, for both private in addition to corporate and business clients. These also include company & commercial to civil & criminal lawsuits, labour problems, business or family conflict resolution, family law together with property transactions. Our intent is to go above and beyond, to surpass expectations and to place our clients needs foremost.
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