ACT NOW FOR PEACE OF MIND - LEGAL SOLUTIONS AVAILABLE
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.
To learn more on the best way we are able to support anyone with evictions, don’t hesitate to get in touch with our eviction practitioners. Whenever an eviction counsellor is agent for a landlord, she / he would ordinarily advise his client as to whether or not the individual has grounds to evict the renter and then get ready, submit, and serve the eviction documents and defend his or her homeowner in courtroom. In summing-up, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act supplies operations for eviction of unlawful tenants and prohibits wrongful evictions. The basic objective of the Act is to provide protection to both occupiers and landlords. The home owner or lessor must abide by the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they would like to evict a lessee.
Tenants Not Paying Rent
Precisely what must a person do the moment a renter stops paying their rent? Instruct an lawyer or attorney to start eviction process? Acquire a personal debt ruling? Or perhaps reach an arrangement with the lessee that enables them to repay what you are owed? It really resides in property managers primary interests none the less to cancel the lease and evict the defaulting lessees asap as the priority must be to removed and replace a delinquent lessee with a paying resident.
Getting Tenants Out
Even though a number of us cannot imagine a scenario happening in which the resident not only refuses to settle the rent, yet furthermore refuses to vacate.
Lease Agreements
Although it isn’t a legal prerequisite to possess a documented lease commitment, it is highly recommended. The lease agreement needs to outline each of the terms– for both the individuals– of the tenancy. The lease contract offers security to both of property owner and tenant in case of either individual breaking their committals.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Very notably an individual has to prove to a magistrate that there actually is and/or will be substantial injury to individuals (that could incorporate the unlawful occupiers themselves) or else damage to property in case that the request is not approved. The urgent eviction is so compelling, that it enables the defiant lessee or the illegal occupant to get commanded by the law court to abandon the home in less than 24 hours, failing which the officer of the court is allowed to forcefully dislodge the unlawful resident from the residential property.
Time & Cost of Evictions
Considering that an resident can opt to retract from a house at just about any stage throughout the eviction procedure, the cost can dramatically differ with every circumstance. The rental payment arrears retrieval process is normally initiated in addition to, and functions in conjunction to the application for eviction process.
Landlords Rights
Regardless of the fact that a firm lease contract simplifies eviction procedures, the absence of a lease does not necessarily mean that an illegal occupants cannot be evicted. Find out more about property owners duties and rights here.
Required Documents
The first step should be normally to attain the signatured lease commitment from the home-owner and particulars of the neglects of the renter. In the event of the lessee cannot compensate rent, comprehensive particulars of the arrears needs to be presented by the client.
Lakeside Evictions Helping Residents with Cape Town Evictions
Seeking fast legal eviction advice? Rubensteins Attorneys, the best eviction lawyer in Lakeside, offers guidance and support to landlords and property owners. Seek expert help in Cape Town today!
Eviction Notice Attorneys for Lakeside in Cape Town
Established in 2008, Rubensteins Attorneys is quickly turning into one of the leading legal solutions firms in Cape Town. All evictions are managed by Rubensteins Attorneys who is a very competent an experienced litigation lawyers with a detailed knowledge of eviction laws in Cape Town and South Africa. Rubensteins hold many successful legal evictions under their belt, for private in addition to business clients. These also include corporate and commercial to criminal and civil litigation, labor problems, business or family conflict resolutions, family law as well as estate related transactions. We endeavour to build lasting and meaningful partnerships with our clients, to commit to their legal issues and ultimately be a part to their growth & their successes.
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