TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
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.
For more details on the best way our staff are able to help you with evictions, do not wait to consult with our eviction professionals. Real estate owners as well as lessors need to make sure to lawfully evict a non-paying resident and certainly never turn to approaches that contravene the lawful evacuation of tenants. In terms of the Constitution of South Africa, Nobody can be evicted from their residence, or have their house destroyed, in the absence of an order of court made upon taking into account each of the applicable circumstances. No regulations could enable irresponsible evictions.” PIE sets out the process to be complied with when it comes to these types of removals.
Tenants Not Paying Rent
Yet exactly what would you do if the resident simply stops giving their rent, and it becomes apparent that she or he have no intention of paying out? Generally there is nothing to stop a lessor from issuing a command for the delinquent rent immediately after the renter has been removed.
Getting Tenants Out
The unlawful tenant may go to the courtroom hearing on the day it is ascribed and fight for himself if he believes the eviction unjustified.
Lease Agreements
Although it is not regarded a legal condition to possess a recorded lease contract, it is definitely recommended. The lease needs to outline each of the terms– for both equally parties– of the tenancy. The lease agreement grants safeguard to both lessor and renter in case of any party breaking their obligations.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. More importantly a landlord will need to prove to a court of law that there actually is and/or will likely be significant injury to people (that may involve the unauthorised inhabitants themselves) alternatively damage to residential or commercial property in the event that the order does not get approved. An urgent eviction is so powerful, that it offsets the defiant tenant or the illegal occupier being ordered by the judge to move out of the residential or commercial property inside of 24 hours, declining which the sheriff of the court is mandated to forcefully remove the prohibited tenant from the estate.
Time & Cost of Evictions
As an resident could choose to part with a residential property at almost any point during the eviction proceeding, the costs can substantially differ with circumstances. The rental fee and loss retrieval processes is generally started hand and hand, and operates in conjunction to the application for legal eviction process.
Landlords Rights
Even-though a concrete lease legal contract reduces eviction process, the absence of a lease does not imply that an illegal residents can not be evicted. Find out more about property owners duties and rights here.
Required Documents
The very first step would be usually to find the signed lease arrangement from the home-owner and particulars of the breaches of the lessee. In case that the tenant fails to pay out rental, comprehensive specifics of the delinquencies have to be given by the lessor.
Eviction Lawyer for Simons Town Harbour Evictions in Cape Town
Simonstown eviction help. Looking for eviction advice in Simons Town? Rubensteins Attorneys are the experts in fast legal eviction notices for landlords and property owners. Contact us now.
Eviction Lawyers for Simons Town Habour in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the leading law firms in Cape Town. Our firms main focus is on giving the very best law guidance for our clients. All of our clients benefit from our extensive experience in all key fields of local law. We aim to make long-lasting and ultimately meaningful associations with our clients, to commit to them and be an instrument of their growth & their prosperity.
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