OUR CAPE TOWN OFFICE OFFERS SEVERAL SPECIALTY PROGRAMS TO ENSURE THAT OUR SERVICES MEET YOUR NEEDS
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 real estate legal counsels are moreover able to resolve evictions in properties situated Eureka, (Parow) throughout Cape Town. With regard to evictions, some of the most fundamental action is to put an end to the financial haemorrhage. Domestic evictions are accomplished in terms of either PIE or ESTA. Selecting the inappropriate Act will result in failure, irrespective from the worthiness of the case.
Tenants Not Paying Rent
Landlords in Eureka ought to steer clear of such illegal actions as switching locks, or locking the tenant out or disengaging services like water or electricity. Certainly there is virtually nothing to stop a proprietor from dispatching a command for the overdue rental fee immediately after the occupant has been extruded.
Getting Tenants Out
Problems coming from prolonged action or improper legal strategies commonly provokes more legal expenses, loss of rentals revenue and extended risk of damages to the building.
Lease Agreements
A lease must carry a breach provision in it detailing the repercussions of breaching one of the terms of the contract. It is then up to you the amount of lenience you wish to show thereafter.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. Most importantly a property owner needs to explain to a court of law that there is and or will likely be substantial injury to persons (that can incorporate the unauthorised tenants themselves) or even damage to residential or commercial property if the court order does not get approved. The emergency eviction is so powerful, that it allows for the unwilling lessee or the illegal occupant to be demanded by the judge to vacate the home inside 24 hours, declining which the officer of the court is mandated to forcefully evict the prohibited tenant from the residential or commercial property.
Time & Cost of Evictions
As an tenant may choose to part with a home at virtually any time through the eviction procedure, the costs can significantly differ with scenarios. The rent and loss retrieval processes is usually launched alongside, and works in line with the application for the eviction proceeding.
Landlords Rights
Even though a firm rental legal contract simplifies eviction procedures, the absence of a lease agreement doesn’t imply that an unlawful tenants cannot be removed. Read more about lease-holders duties and rights here.
Required Documents
The initial step will be usually to attain the signatured lease contract arrangement from the home-owner and particulars of the neglects of the renter. In the event of the tenant fails to pay out rental, comprehensive details of the delinquencies needs to be supplied by the client.
Eureka Evictions Expert Lawyer for Cases in Cape Town
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Eviction Attorneys for Eureka in Cape Town
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