How to Prevent Costly Delays in the Eviction Process
Are you having a hard time managing a defaulting tenant? The thought of pursuing legal eviction may seem intimidating, but doing so will give you the best chance at success. As a landlord, you have the right to pursue eviction and protect your property. Are you wondering, “How can I avoid eviction delays?” It comes down to working with a reputable eviction attorney.
At RCS Law, our team have an excellent success rate in legal evictions. Homeowners and rental agents partner with RCS Law for eviction services that make a difference, and align with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act. Are you considering how to prevent costly delays in the eviction process? Let us break it down:
Ensure your Lease Agreement is Legally Sound
As a landlord, you should ensure your lease agreement clearly outlines rent, payment dates, late payment penalties, and tenant responsibilities. It is also important to include clauses regarding damages, subletting, and breach consequences. In addition to our professional eviction services, our RCS Law team can assist by drafting a property lease agreement that protects you and your investment.
Keep Detailed Records
Maintain open communication with your tenant, and document all communication so that it is easy to refer to in court. Keep a record of any lease breaches, with all dates, photos, and written evidence. This will make it easier for you to successfully pursue a legal eviction through the court, with the assistance of an eviction attorney in Cape Town that you can count on.
Follow Legal Notice Requirements
Wondering what causes eviction delays? Insufficient notice is one of the most common causes. As part of the legal steps to evict a tenant, you must provide them with proper written notice when they are in arrears with rental payments or have otherwise breached their rental contract. You also need to give them a reasonable time to make the late payments or otherwise remedy the issue.
Serve Court Dates Correctly
File your eviction application correctly at the right court. This is something our attorneys can oversee for you. What is the correct way to serve court dates for eviction? Eviction court documents must be served by the Sheriff of the Court. This document must clearly outline the court date, time, and reason for eviction, and tenants should be given sufficient notice to prepare their defence or rectify the breach. Prevent costly delays in the eviction process by staying on track legally.
Avoid “Self-Help – DIY” Evictions
No matter how high the levels of frustration, forcing tenants to vacate is something landlords should never do during an eviction. You may not change locks, cut utilities, or remove tenant belongings. This is considered a “self-help” eviction, and doing so will certainly delay your case and can even result in fines or criminal charges against you.
Prepare for Court Hearings
Your court hearing is an important step in the eviction process, where both you and your tenant are given the chance to present evidence before the court makes a decision. Our RCS Law team will present your case professionally, giving you the best chance at a positive outcome. We ensure your case is presented completely and accurately.
We know how to navigate the South African eviction process lawfully and effectively. CONTACT US now to get started, or complete our Evictions Services Client Interest Form.