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.
Our eviction lawyers are specialists in immediate eviction notices in Cape Town. Most defiant occupants go away right after receiving the opening demand from an lawyers to do so. Others put up a argument and remain on the property for longer. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa in which entered into effect on 5 June, 1998, and which undertakes to avoid capricious eviction removals.
Tenants Not Paying Rent
Landlords in Chrismar must stay away from such illegal actions as locking the renter out or disengaging services like water or electricity. There really is virtually nothing to stop a property owner from dispatching a call for the overdue rent payment immediately after the lessee has been extruded.
Getting Tenants Out
Property managers which fail to carry an eviction application in decent time or adopt the appropriate legal procedures may need to withstand a extensive and expensive process.
Lease Agreements
Whilst it is not a legal prerequisite to possess a drafted lease understanding, it is ardently recommended. The contract needs to spell out each of the terms and conditions– for both equally individuals– of the occupancy. The lease agreement gives safeguard to simultaneously lessor and renter in case of any party breaking their responsibilities.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. Very notably an individual has to explain to a judge that there certainly is and/or will likely be considerable personal injury to individuals (this could consist of the unlawful tenants themselves) or damages to residential or commercial property should the request is not awarded. The emergency eviction is so compelling, that it offsets the recalcitrant lessee or the wrongful inhabitant to get demanded by the court to leave the property in less than 24 hours, neglecting which the sheriff of the court is mandated to purposely evict the prohibited inhabitant off the property.
Time & Cost of Evictions
In order to evict a resident in Bellville legally, the best way to minimise costs and losses is to operate speedily and effectively while staying away from unnecessary hold-ups. The rental arrears retrieval process is generally launched along with, and works in conjunction to the application for eviction process.
Landlords Rights
Even though a concrete rental legal contract streamlines eviction practices, the absence of a lease doesn’t imply that an unlawful tenants cannot be removed. See more about landlords duties & rights here.
Required Documents
The initial step will be usually to find the subscribed lease agreement from the home-owner and facts of the infringements of the renter. In the event of the tenant fails to pay rental, comprehensive specifications of the debts should be supplied by the client.
Eviction Lawyer in Cape Town Resolving Chrismar Evictions
Eviction lawyer in Chrismar. Looking for eviction advice? Consult Chrismar Evictions, Cape Town's expert eviction lawyers at Rubensteins Attorneys for fast legal eviction notices.
Eviction Notice Lawyers for Chrismar in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly becoming one of the most popular law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a exceptionally proficient an experienced litigation attorneys with a thorough understanding of eviction laws in South Africa. Rubensteins come with numerous successful legal evictions under their belt, for residential and also business clients. These involve corporate and commercial to criminal and civil litigation, labor disputes, family or business dispute resolution, family law together with property dealings. Our intention is to go above and beyond, to rise above expectations and to put our valued clients requirements above everything else.
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