HELPING LANDLORDS GET THE LEGAL SUPPORT THEY NEED FAST
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.
Our firm eviction legal representatives manage and command all kinds of evictions as well as rent recovery issues all over Erinvale Golf Estate, Somerset West. In most areas, eviction, certainly a property eviction, is often regarded as being a very substantial matter. Just to expel an illegal inhabitant from domestic property, the process in relations to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be adhered to. Fundamentally, the lessor has to get a written order to dislodge an un-lawful occupier. The sections 4 to 6 in the Land Act provide for process in case of ejections, including for urgent eviction.
Tenants Not Paying Rent
Yet what should you do if the resident just ceases settling their rent, and also it eventually becomes obvious that they has zero intention of settling? That it resides in property owners primary interests never the less to cancel the lease and evict the defaulting occupants as soon as possible as the priority ought to be to removed and replace a delinquent lessee with a paying lessee.
Getting Tenants Out
Setbacks arising from prolonged action or erroneous legal strategies typically results in increased legal fees, loss of rentals revenue and inflated risk of damages to the building.
Lease Agreements
Despite the fact that it is not considered a judicial prerequisite to possess a documented lease, it’s ardently advised. The contract will illustrate all the terms– for both individuals– of the tenancy. It grants safeguard to both property owner and lessee in the circumstance of any party breaking their responsibilities.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction proceedings. Very importantly an individual has to show a magistrate that there is and or will be serious injury to persons (this could involve the unauthorised occupants themselves) or even destruction to property should the court order is not awarded. An urgent eviction is so powerful, that it enables the unwilling lessee or the prohibited inhabitant being ordered by the law court to vacate the residential or commercial property within 1 day, declining which the sheriff of the court is authorised to emphatically remove the unlawful inhabitant off the property.
Time & Cost of Evictions
Since an resident might elect to vacate a residential property at any phase through the eviction process, the price can significantly vary with each circumstance. The rental fee arrears retrieval process is frequently instituted alongside, and works in combination to the application of the legal eviction proceeding.
Landlords Rights
Despite the fact that a firm rental contract simplifies eviction practices, the absence thereof doesn’t necessarily mean that an unlawful tenants cannot be removed. See more about property owners rights and duties here.
Required Documents
The very first step would be normally to secure the signatured lease contract agreement from the applicant and particulars of the infringements of the lessee. In the event of the occupant cannot pay rent, comprehensive particulars of the arrears should be supplied by the client.
Erinvale Golf Estate Evictions The Expert Eviction Attorney in Cape Town
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Eviction Order Attorneys for Erinvale Golf Estate in Cape Town
Established in 2008, Rubensteins Attorneys is swiftly becoming one of the major attorneys in Cape Town. Having already cultivated a track record for excellence, Rubensteins is recognised in its own arena by its dedication to its customers, and also its strength to discover resourceful and effective approaches to even some of the most complex of legal issues. Our firm in Erinvale Golf Estate undertakes to deliver some of the most affordable and effective approach to your problems. Our aim is to go above and beyond, to rise above expectations and to place our valued clients requirements above everything else.
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