Advice for Landlords – when it comes to evictions

Whether you’re a landlord with a single property, or a property mogul in the making, you are likely to have to evict a tenant at some point.

this may seem like an overwhelming task, but if done correctly you will be ale to speed up the process and get your property back into your hands.

here are some basic tips that will assist you in the eviction process:

  1. Always make sure your lease agreements have clear domicillium addresses and cancellation clauses. having a clear domicillium address on your lease agreement ensures that the tenant will not be able to delay proceedings by avoiding service of notices and processes, and clear cancellation clauses ensure that disputes relating to the validity of the cancellation are avoided.
  2. include a section in your residential lease agreements that covers the socio-economic circumstances of your tenants, you may need it later.
  3. act sooner rather than later. should you have a tenant in breach, or an illegal occupant, serve your cancellation and notice to vacate timeously, and make sure you have sent it to the appointed address. retain proof of your service, and consider having the sheriff of the court serve your notice.
  4. in residential evictions, proceedings ideally need to be insitituted within 6 months from the time when the occupation became unlawful. if a you as a landlord fail to do this, the onus will be on you to prove that there are other reasonable alternative accomodations for the tenant.
we are ready and available to assist you in this process, and to ensure you are well informed on every step of the way. please remember that every matter is different – contact us for individualised legal advice, that suits your particular set of circumstances.

 

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