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.
For more details on ways in which our staff could support you with evictions, do not wait to talk to our eviction professionals. It is essential for any kind of landlord or entrepreneur having a rentals portfolio to familiarise themselves with the PIE Act as well as the various practices it lays out for legally confronting neglectful renters. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa and that entered into effect on 5 June, 1998, and which undertakes to stop unreasonable eviction issues.
Tenants Not Paying Rent
On the other hand precisely what would you do if the resident simply ceases paying rent, and also it eventually becomes clear that they has no plan of paying out? Of course, there is nothing to prevent a lessor from issuing a command for the delinquent rental payment after the tenant has been expelled.
Getting Tenants Out
An unlawful tenant can easily go to the court hearing on the day the case is considered and fight for themselves should they believe that the eviction unwarranted.
Lease Agreements
Although it isn’t a legal requirement to possess a recorded lease agreement, it is ardently recommended. The lease agreement will define all of the terms and conditions– for the two parties– of the tenancy. It provides security to both of property owner and occupant in the circumstance of any party breaking their obligations.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction processes. Most significantly one will need to demonstrate to a magistrate that there certainly is and/or would be considerable injury to persons (this might involve the wrongful occupants themselves) or else damage to the property in the event that the court order is not granted. An urgent eviction is so formidable, that it enables the defiant resident or the wrongful occupant being ordered by the court to vacate the building inside of 24h, failing which the sheriff of the court is allowed to purposely evict the illegal resident off the residential or commercial property.
Time & Cost of Evictions
To remove a lessee in Strand under legal standing, the most effective way to lower expenses and ultimately losses is to operate swiftly and properly whilst eliminating needless hold-ups. The rent arrears recuperation process is frequently begun hand and hand, and operates in combination to the application of the eviction procedure.
Landlords Rights
Regardless of the fact that a concrete rental agreement reduces eviction processes, the lack of a lease does not necessarily mean that unlawful occupants can’t be subject to an eviction. Find out more about landlords rights and duties here.
Required Documents
The very first step would be to secure the acknowledged lease agreement from the client and details of the contraventions of the tenant. In the event that the occupant fails to pay out rental, full particulars of the arrears must be provided by the lessor.
Looking for eviction advice? Find fast legal eviction notices from Gants Plaza Evictions Law, Cape Town's experts in eviction law.
Eviction Attorneys for Gants Plaza in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the leading legal in Cape Town. Evictions are managed by Rubensteins Attorneys who are a very competent an adept litigation lawyers with a thorough understanding of eviction laws in South Africa. Rubensteins have numerous successful eviction cases under their belt, for both civil in addition to business clients. Our firm in Gants Plaza undertakes to achieve some of the most cost effective and proficient approach to your matters. Notwithstanding of just how demanding or intricate the mandate, we will provide crystal clear, efficient and commercially-sensible legal advice.
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