The Only Way to Evict a Tenant in Cape Town is Legally
Evicting a tenant without following the due legal process can place you in significant, unnecessary legal risk.
Rubensteins Attorneys help too ensure eviction notices and proceedings are handled legally and efficiently.Expertise in Evictions
Rubensteins Attorneys will handle your eviction process with precision and professionalism.
With over a two decades of experience, we ensure your property disputes are resolved swiftly and legally.Cost-Effective Eviction Notices
Benefit from our innovative and cost-effective legal strategies.
We provide tailored advice to meet your specific needs, ensuring efficient and affordable eviction proceedings.Client-Focused Service
Experience our dedicated client service. We prioritise your best interests, offering clear, pragmatic
legal guidance and building long-term relationships to support your property management goals.Take Swift Legal Action
Prompt and lawful eviction outcomes with Rubensteins Attorneys.
Our expertise ensures your cases are handled quickly, minimising your stress and financial loss.
EVICTION SERVICES SHOULDN’T BE A LINEAR APPROACH IT SHOULD BE TAILORED TO THE INDIVIDUAL CASE
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.
Rubensteins Attorneys has over a decade's experience in legal evictions and has dealt with a broad range of legal property matters. Speak to a team that knows how to get the job done right the first time.
Property Law & Evictions in Cape Town, South Africa
Eviction attorneys are essential when serious difficulties arise with a tenant refusing to vacate a property or when a landlord infringes on a tenant’s rights. The legal eviction process must be followed correctly for an eviction to be lawful. Failure to do so can lead to costly delays or even criminal charges against the landlord.
In South African law, there are three main types of tenant eviction processes:
- Normal Eviction Process: This is the standard procedure for evicting a tenant. It involves serving the tenant with a notice to vacate the property, followed by obtaining a court order if the tenant fails to comply. The process ensures that the tenant’s rights are protected and typically takes several weeks to months to complete.
- Urgent Eviction Process: This expedited process is used in cases where there is a need for immediate eviction due to serious circumstances, such as illegal activities or significant damage to the property. The landlord must demonstrate to the court that the urgency is justified, and the court can then grant an order for a quicker eviction.
- Organs of State Specialized Eviction Process: This process is specifically designed for evictions involving state-owned property or where the eviction is carried out by a government body. It follows unique procedures that take into account the interests of both the state and the affected individuals, ensuring compliance with constitutional and legislative requirements.
Each of these processes has its own set of legal requirements and timelines, and it is important to follow the appropriate procedure to ensure a lawful eviction.
The Eviction Process
- The landlord serves a notice to the tenant to address a significant breach of the lease agreement.
- If the tenant fails to rectify the breach, the landlord can terminate the lease.
- The landlord informs the tenant of the intent to seek eviction through the court system.
- An application is submitted to the court for a “tenant eviction order.”
- The court issues a notice to the tenant and the municipality at least 14 days before the hearing.
- During the court hearing, the tenant must present a valid defense to contest the eviction.
- If no valid defense is provided, the court issues a “warrant of eviction,” authorising the sheriff to remove the tenant’s possessions.
- If a valid defense is presented, a trial ensues; otherwise, the sheriff proceeds with the eviction.
Landlord Rights & Responsibilities
While landlords have rights in the eviction process, they also have obligations and responsibilities. Landlords cannot take a tenant’s possessions without a court order and can face criminal charges for illegal eviction attempts.
Tenant Rights
Tenants also have rights in the eviction process and should be aware of them. A legally binding lease agreement can be helpful for both landlords and tenants. Understanding the legal eviction process is crucial for both landlords and tenants to ensure a fair and lawful outcome for all parties concerned.
Founded in 2008, Rubensteins Attorneys has quickly become one of Cape Town’s leading law firms, specialising in property law and evictions. Our deep expertise in residential and commercial evictions ensures that your cases are handled efficiently, legally, and with the utmost professionalism. We offer innovative and cost-effective legal solutions tailored to your needs, helping you navigate South Africa’s stringent property legislation with ease. At Rubensteins, we prioritise building long-term relationships with our clients, providing clear and pragmatic legal advice that always puts your best interests first. With a comprehensive range of services, from drafting and reviewing leases to managing disputes and ensuring legal compliance, we are committed to supporting you in all aspects of property management. Choose Rubensteins Attorneys for expert guidance and reliable support in managing your property-related legal matters.
Fast.Legal.Evictions.
Our strength, lies in delivering fast, legal and cost effective eviction orders in Cape Town and surrounds. Our team of professionals is ready to help with all property dispute matters and will ensure that proceedings are dealt with as efficiently as is possible. We understand the complexities and challenges landlords face in eviction cases and are committed to navigating the legal landscape on your behalf. With a thorough understanding of South Africa's eviction laws, we provide comprehensive support to secure your property rights promptly and lawfully. As a Cape Town-based firm, we have an in-depth understanding of the city's unique property laws and regulations. This allows us to navigate even the most challenging eviction cases with confidence and precision.