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 residential or commercial property attorneys are also able to take care of evictions on houses located Muizenberg, (Muizenberg) through Cape Town. Anytime an eviction counsellor defends a landlord, he or she will ordinarily counsel his client as to if he/she has justifications to evict the tenant and thereafter prepare, register, and serve the eviction documentations and represent his/her homeowner in court. In essence, PIE (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (1998 )) ensures processes for eviction for illegal occupants and prohibits illegal evictions. The main purpose of the Act is to offer protection to both occupants and home owners. The property owner or lessor must follow the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they intend to remove a renter.
Tenants Not Paying Rent
If demands all fail and the lessee still does not pay, secure an eviction lawyer. At the earliest achievable chance register a tenant-landlord objection in a local court. It is in property managers best interests none the less to terminate the lease and evict the non paying lessees without delay as the priority should be to switch a non-paying lessee with a paying leaseholder.
Getting Tenants Out
The unauthorized resident can easily go to the court hearing on the day it is ascribed and defend himself if he believe that the eviction is unreasonable.
Lease Agreements
A good lease contract must have a breach section in it specifying the implications of breaching any one of the terms of the lease contract. It is then up to the property owner what amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. Most significantly one needs to explain to a judge that there certainly is and/or would be significant injury to people (this might involve the unauthorised inhabitants themselves) or even destruction to residential or commercial property if the order does not get approved. The urgent eviction is actually so powerful, that it offsets the unwilling resident or the illegal inhabitant being demanded by the judge to move out of the residential property within 24h, failing which the sheriff of the court is permitted to purposely evict the unlawful resident from the residential property.
Time & Cost of Evictions
Considering that an tenant can elect to clear a residential property at just about any point during the eviction procedure, the outlay can dramatically fluctuate with scenarios. The rental arrears recuperation processes is usually instituted hand and hand, and runs in line with the application of the eviction processes.
Landlords Rights
Regardless of the fact that a firm rental legal contract streamlines eviction processes, the lack of a lease does not necessarily suggest that an unlawful residents cannot be dislodged. Find out more about lease-holders rights here.
Required Documents
The start would be usually to find the subscribed lease agreement from the applicant and details of the neglects of the resident. In case of the tenant cannot pay for rental, complete details of the debts should be presented by the client.
Best eviction attorney in Muizenberg. Looking for eviction advice? Consult Rubensteins Attorneys in Muizenberg, Cape Town, the experts in fast and effective legal eviction notices for landlords and property owners.
Eviction Order Lawyers for Muizenberg in Cape Town
Established in 2008, Rubensteins Attorneys is quickly turning into one of the major law firms in Cape Town. Our primary emphasis is on giving the very best legal services guidance for our clients. Our clients gain from our extensive expertise with all key fields of the law. Our intent is to go above and beyond, to exceed expectations and to put our clients requirements above everything else.
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