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.
We pride our legal representatives can facilitate with any eviction issues in Fairfield Estate. An eviction counsellor specialises in eviction law and might concentrate on both helping property owners in Fairfield Estate to remove lessees or protecting lessees from eviction. In order to expel an wrongful tenant from non commercial property, the technique in relations to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be adhered to. Basically, the property owner will have to obtain a court order to remove an un-lawful occupier. Sections 4 to 6 of the Land Act provides for process incase of evictions, including for urgent eviction.
Tenants Not Paying Rent
Landlords in Fairfield Estate need to stay clear of such unlawful activities as replacing locks, or locking the tenant out or disengaging services like water or electricity. That it is in lessors primary interests none the less to revoke the lease and evict the non paying residents asap as the key concern must be to switch a delinquent tenant with a paying renter.
Getting Tenants Out
Delays arising from delayed action or improper legal approaches frequently results in added legal expenses, loss of rentals cash flow and inflated risk of damages to the property.
Lease Agreements
Writing a secure lease ought to carry a delinquency clause with it detailing the consequences of breaching any of the stipulations of the lease contract. It is then up to the owner just how much leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. More importantly a property owner will need to prove to a magistrate that there is and will be serious injury to people (this can consist of the unauthorised tenants themselves) or even damages to residential or commercial property in case that the request does not get granted. The urgent eviction is so powerful, that it offsets the defiant tenant or the illegal occupier to get required by the judge to vacate the residential or commercial property inside 24h, declining which the sheriff of the court is allowed to forcefully dislodge the wrongful inhabitant off the house.
Time & Cost of Evictions
Considering that an resident might elect to part with a home at any time throughout the eviction proceeding, the price can dramatically vary with circumstances. The rental payment and loss retrieval process is normally initiated alongside, and runs in line with the application for the legal eviction procedure.
Landlords Rights
Even-though a concrete lease legal contract streamlines eviction steps, the absence thereof does not suggest that an illegal residents can not be removed. See more about landlords rights & duties here.
Required Documents
The start will be usually to secure the signatured lease arrangement from the client and specifics of the infringements of the renter. In case of the lessee fails to pay out rental, full details of the delinquencies must be supplied by the landlord.
Evictions in Fairfield Estate Get Help From Cape Town Attorneys
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Eviction Attorneys for Fairfield Estate in Cape Town
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