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 firm eviction attorneys manage and command all types of evictions and rental recovery affairs all around Steyns Nest, Somerset West. Residential or commercial property proprietors and lessors should always legally evict a non-paying renter and do not ever turn to tactics that overstep the legitimate expulsion of tenants. Our expert eviction attorneys are familiar with the PIE Act and also the requirements of our regional courts and processes which take care of evictions & local rental collections.
Tenants Not Paying Rent
In a large number of areas, it is against the law to evict a leaseholder before all court procedures are over, and this can take several months. There certainly is nothing to stop a property owner from dispatching a summons for the overdue rental payment after the tenant has actually been removed.
Getting Tenants Out
Setbacks arising from prolonged action or incorrect legal steps normally leads to more legal services costs, loss of rental income and increased risk of damage to the residential or commercial property.
Lease Agreements
Whilst it is not a official condition to have a written lease commitment, it is highly recommended. The lease agreement will define all the details– for both of these individuals– of the occupancy. The lease gives protection to both lessor and occupant in the circumstance of any individual defaulting on their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction processes. Most notably a landlord will need to show a magistrate that there is and will be substantial injury to persons (this might involve the wrongful tenants themselves) or even destruction to the property in the event that the request does not get awarded. The urgent eviction is so effective, that it offsets the unwilling resident or the prohibited inhabitant to be demanded by the judge to move out of the residential property in less than 1 day, declining which the sheriff of the court is allowed to emphatically remove the prohibited occupier from the home.
Time & Cost of Evictions
To evict a lessee in Somerset West legitimately, the best way to minimise expenses and losses is to operate quickly and proficiently while keeping away from needless setbacks. The rental payment arrears recovery procedure is in most cases instituted alongside, and operates in conjunction to the application for legal eviction plan.
Landlords Rights
Despite the fact that a strong lease agreement shortens eviction process, the lack of a lease agreement doesn’t suggest that unauthorised occupants cannot be subject to an eviction. Find out more about property owners rights & duties here.
Required Documents
The first step would certainly be to obtain the signatured rental agreement from the property owner and particulars of the contraventions of the resident. In case that the occupant cannot compensate rent, comprehensive details of the debts needs to be given by the landlord.
Eviction Lawyer in Cape Town Steyns Nest Evictions
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Eviction Order Lawyers for Steyns Nest in Cape Town
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