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.
To find out more on specifically how our firm could support anyone with evictions, don’t hesitate to speak to our eviction experts. Some defiant residents depart right after receiving the initial demand from an lawyer to do so. Other people put up a fight and continue being with the property for much longer. In order to evict an unlawful occupier from non commercial property, the procedure in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be complied with. Fundamentally, the lessor will have to get a legal order to expel an unlawful inhabitant. Sections 4 to 6 of the Act provide for process incase of ejections, including with respect to immediate eviction.
Tenants Not Paying Rent
In lots of areas, it is not legal to force out a tenant before all legal procedures are complete, and this might take months. Certainly there is nothing at all to stop a lessor from issuing a summons for the overdue rental fee immediately after the lessee has actually been evicted.
Getting Tenants Out
An unlawful resident may go to the court hearing on the day it is considered and protest the process themselves if they believe that the eviction unwarranted.
Lease Agreements
Though it is not a legal criteria to possess a drafted lease, it’s highly recommended. The lease contract must outline each of the details– for the two individuals– of the occupancy. It grants safeguards to simultaneously landlord and occupant in case of any individual defaulting on their responsibilities.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction processes. Very significantly an individual needs to prove to a magistrate that there is and/or would be significant injury to individuals (that can consist of the unlawful tenants themselves) alternatively damages to the property in the event that the request does not get approved. An urgent eviction is actually so powerful, that it allows for the defiant tenant or the illegal occupant to get ordered by the judge to abandon the residential property within 1 day, failing which the sheriff of the court is mandated to purposely dislodge the wrongful occupier from the estate.
Time & Cost of Evictions
To remove a lessee in Brackenfell under legal standing, optimal way to minimise expenses and inevitably losses is to operate swiftly and effectively whilst staying away from avoidable postponements. The rental payment and loss recovery procedure is normally begun in addition to, and functions in line with the application for legal eviction plan.
Landlords Rights
Even though a concrete lease agreement streamlines eviction practices, the lack of a lease agreement does not mean that an unlawful residents can not be dislodged. Find out more about property owners duties and rights here.
Required Documents
The initial step will be usually to secure the signatured lease contract arrangement from the applicant and facts of the breaches of the resident. In the event of the lessee cannot pay out rental, comprehensive particulars of the delinquencies should be presented by the client.
Edenpark Evictions Expert Eviction Attorney in Cape Town
Edenpark eviction lawyer. Looking for eviction advice? Get expert assistance from Rubensteins Attorneys, the leading eviction attorneys in Edenpark, Cape Town. Specialising in fast and efficient legal eviction notices for landlords and property owners.
Eviction Notice Attorneys for Edenpark in Cape Town
Established in 2008, Rubensteins Attorneys rapidly became one of the major law firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who is a highly proficient an accomplished litigation attorneys with a thorough knowledge of eviction laws in Cape Town. Rubensteins hold numerous successful legal evictions under their belt, for both private and also corporate clients. All these areas involve company and commercial to criminal & civil litigation, labour issues, business or family conflict resolution, divorce law in addition to property transactions. At Rubensteins we have refined a synergistic culture, where our team help one another to obtain the very best results for our clients.
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