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 attorneys can assist with any eviction issues in Blomtuin. In many neighbourhoods, eviction, especially a housing eviction, is often judged as being a very formidable procedure. If you want to evict an prohibited tenant from non commercial property, the process in whens it come to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be observed. Essentially, the property owner will have to obtain a court order to dislodge an unlawful inhabitant. Sections 4 to 6 in the Act provides for process in case of ejections, including when it comes to urgent eviction.
Tenants Not Paying Rent
The obligations of leaseholders and also property owners are taken cared of in statutory, as well as non-statutory law in South Africa. That it resides in property owners best interests none the less to cancel the lease and evict the non paying residents promptly as the priority must be to switch a non-paying tenant with a paying resident.
Getting Tenants Out
Property owners which do not bring an eviction request in good time or adhere to the appropriate legal process can have to sustain a lengthy and very expensive procedure.
Lease Agreements
Your lease agreement must contain a breach paragraph in it detailing the consequences of breaching any one of the stipulations of the lease agreement. It is up to the owner what leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. More importantly a landlord needs to prove to a court that there actually is and/or will be substantial personal injury to people (this could consist of the unauthorised tenants themselves) or else damages to the property if the order does not get approved. An immediate eviction is so powerful, that it offsets the unwilling lessee or the unlawful occupier being ordered by the judge to abandon the residential property inside of 24 hours, neglecting which the sheriff of the court is authorised to purposely remove the wrongful occupier off the property.
Time & Cost of Evictions
To remove a occupant in Bellville legitimately, the most effective way to minimize expenses and ultimately losses is to operate efficiently and properly while eliminating unnecessary delays. The rental and loss recuperation process is usually started in addition to, and operates in line with the application for the legal eviction processes.
Landlords Rights
Even-though a iron clad lease legal contract reduces eviction process, the lack of a lease agreement does not imply that unauthorised occupants cannot be dislodged. Find out more about lease-holders duties and rights here.
Required Documents
The initial step should be usually to find the acknowledged lease contract agreement from the homeowner and particulars of the noncompliance of the resident. In the event of the tenant cannot pay rental, full particulars of the arrears needs to be presented by the property owner.
Looking for fast eviction notices in Blomtuin, Cape Town? Rubensteins Attorneys, the experts in eviction advice for landlords and property owners in Blomtuin. Best eviction attorney in Blomtuin.
Eviction Order Attorneys for Blomtuin in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly turning into one of the leading attorneys in Cape Town. Having already established a reputable name for excellence, Rubensteins is distinguished in its field by its commitment to its clients, as well as its competency to find creative and original solutions to even the most intricate of legal problems. Each of our clients gain from our extensive expertise in all key disciplines of the law. Our intention is to go above and beyond, to exceed expectations and to place our clients requirements above everything else.
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