FIND YOUR WAY FORWARD LEGAL SERVICES FOR PROPERTY MANAGEMENT AND DISPUTES
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.
Speed up an eviction orders with our eviction professionals in Highgate. Your property may be an income-earning investment to anyone, however to your tenants it is actually their home. So exactly what do you do after your boarder doesn’t pay the rental and ends up in infraction of the contract understanding? The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to avoid arbitrary eviction issues.
Tenants Not Paying Rent
But exactly what should you do if the tenant simply ceases paying for rent, and it eventually becomes apparent that they has no plan of settling? It resides in landlords primary interests none the less to revoke the lease and evict the non paying occupants asap as the key concern ought to be to switch a delinquent occupant with a paying tenant.
Getting Tenants Out
An unlawful tenant could go to the court hearing on the day it is considered and fight for himself if he believe that the eviction is unjust.
Lease Agreements
Despite the fact that it is not a judicial prerequisite to possess a documented lease contract, it’s definitely advocated. The lease ought to illustrate all the terms and conditions– for both of these parties– of the occupancy. It provides protection to both of lessor and lessee in the event of any individual reneging on their commitments.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. More notably a lessor needs to demonstrate to a judge that there certainly is and or would be serious injury to people (that may consist of the unauthorised inhabitants themselves) or damage to property in case that the order does not get granted. The urgent eviction is actually so compelling, that it offsets the unwilling resident or the illegal occupant to be commanded by the judge to move out of the home within 1 day, neglecting which the officer of the court is authorised to forcefully evict the wrongful occupier from the property.
Time & Cost of Evictions
In order to expel a resident in Blue Downs legally, the most effective way to minimise costs and losses is to operate speedily and appropriately while keeping away from unnecessary setbacks. The rental fee arrears recovery process is often launched hand and hand, and operates in conjunction to the application of the eviction plan.
Landlords Rights
Though a strong rental contract streamlines eviction procedures, the lack thereof does not mean that an unlawful residents can’t be evicted. Find out more about lease-holders rights here.
Required Documents
The start will be normally to secure the signed lease agreement from the client and particulars of the breaches of the renter. In case of the tenant fails to pay rent, comprehensive specifics of the delinquencies needs to be given by the landlord.
Cape Town eviction notice. Looking for eviction advice in Highgate? Rubensteins Attorneys are expert lawyers in Cape Town, offering fast legal eviction notices for landlords and property owners. Get the help you need now.
Eviction Notice Lawyers for Highgate in Cape Town
Founded in 2008, Rubensteins Attorneys rapidly turned into one of the leading law firms in Cape Town. Evictions are taken care of by Rubensteins Attorneys who is a very competent an skilled litigation lawyers with a in depth understanding of eviction laws in South Africa. Rubensteins come with numerous successful legal evictions in their past record, for both private as well as corporate and business clients. Our clients benefit from our considerable experience in all key fields of South African law. We aim to create long-lasting and ultimately meaningful partnerships with our clients, to invest in them and be a part to their progress and their prosperity.
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