TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
Step 1.
Letter of Demand
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.
Official advice and representation in a wide range of eviction associated matters. Eviction, additionally known in a few areas as an unlawful detainer, can be a very difficult process to understand. In summing-up, PIE (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (1998 )) gives operations for eviction of unauthorised residents and prohibits unlawful evictions. The fundamental aim of the Act is simply to provide protection to both occupants and home owners. The home owner or landlord needs to observe the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they need to force out a lessee.
Tenants Not Paying Rent
If all else fails and the occupant still does not pay, secure an eviction lawyer. On the very first achievable opportunity register a tenant-landlord objection in court. There really is nothing to stop a proprietor from putting out a command for the unpaid rental after the lessee has actually been extruded.
Getting Tenants Out
While many of us cannot imagine a situation developing where the renter not only refuses to pay the rent, but also decides not to move out.
Lease Agreements
Your lease contract needs to have a delinquency paragraph with it detailing the consequences of breaching any of the terms of the contract. It is then up to you what lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. More importantly an individual must explain to a judge that there certainly is and/or will likely be serious personal injury to individuals (that might involve the unauthorised occupiers themselves) or even destruction to residential or commercial property in case that the court order does not get granted. An immediate eviction is so formidable, that it allows for the recalcitrant lessee or the illegal inhabitant to be ordered by the court to move out of the property in less than 1 day, declining which the officer of the court is authorised to emphatically remove the prohibited inhabitant from the property.
Time & Cost of Evictions
As an occupant can elect to vacate a residential or commercial property at virtually any phase during the eviction proceeding, the costs can drastically vary with each situation. The rental fee arrears retrieval processes is generally started alongside, and functions in conjunction to the application for the eviction process.
Landlords Rights
Regardless of the fact that a strong rental agreement shortens eviction processes, the absence thereof doesn’t necessarily suggest that unauthorised residents can not be subject to an eviction. See more about lease-holders rights & duties here.
Required Documents
The very first step will be usually to secure the acknowledged lease commitment from the home-owner and facts of the infringements of the tenant. In the event that the occupant cannot pay out rent, comprehensive specifications of the arrears should be given by the property owner.
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Eviction Order Lawyers for Kirstenhof in Cape Town
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