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 eviction attorneys are experts in immediate eviction notices in Cape Town. Your home may be an income-earning investment to anyone, however to your tenants it is actually their residence. So exactly what do you do after your renter fails to pay the rental and winds up in breach of the lease contract agreement? The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa in which came into effect on 5 June, 1998, and which undertakes to stop random eviction issues.
Tenants Not Paying Rent
Exactly what must a person do if a leaseholder stops paying rent? Instruct an lawyer to initiate eviction proceedings? Secure a unpaid debt judgment? Or even get to an commitment with the renter which permits him or her to settle what you are owed? Generally there is nothing to stop a lessor from putting out a command for the past due rent immediately after the occupant has been removed.
Getting Tenants Out
Although a number of us cannot envision a scenario occurring where the renter not only refuses to pay for the rent, yet also refuses to vacate.
Lease Agreements
Although it is not viewed a official prerequisite to have a written lease arrangement, it is strongly recommended. The lease contract must spell out each of the conditions– for both the individuals– of the occupancy. It offers security to both landlord and tenant in the circumstance of either party defaulting on their commitments.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. More notably a property owner must prove to a magistrate that there certainly is and/or will be significant personal injury to people (that can incorporate the unauthorised inhabitants themselves) alternatively damages to residential or commercial property should the court order is not approved. An urgent eviction is actually so formidable, that it enables the recalcitrant resident or the illegal occupier being ordered by the law court to abandon the property inside 1 day, neglecting which the sheriff of the court is authorised to emphatically dislodge the illegal resident from the estate.
Time & Cost of Evictions
To evict a occupant in Athlone under legal standing, optimal way to lower expenses and losses is to act quickly and proficiently while staying clear of avoidable delays. The rental fee arrears recuperation process is generally instituted along with, and runs in line with the application of the legal eviction processes.
Landlords Rights
Even though a iron clad rental contract simplifies eviction practices, the lack of a lease does not imply that unlawful tenants can’t be evicted. Read more about property owners rights and duties here.
Required Documents
The start will be usually to find the signatured lease arrangement from the client and specifics of the noncompliance of the tenant. In case that the occupant fails to pay for rental, full details of the debts must be provided by the client.
Best eviction lawyer in Cape Town. Looking for eviction advice in Cape Town? Rubensteins Attorneys, the experts in fast legal eviction notices, can help landlords and property owners in Mountview. Contact us today.
Eviction Lawyers for Mountview in Cape Town
Established in 2008, Rubensteins Attorneys quickly became one of the most popular law firms in Cape Town. Evictions are handled by Rubensteins Attorneys who are a very skilled an experienced litigation lawyers with a detailed knowledge of eviction laws in South Africa. Rubensteins hold many successful eviction cases in their portfolio, for both residential as well as business clients. All these also include corporate & commercial to criminal & civil litigation, labour disputes, business or family dispute resolution, family law as well as property related dealings. We have fostered a synergistic culture, where our team support one another to achieve the best results for our valued clients.
Navigating the eviction process in Cape Town requires precision, expertise, and a thorough understanding of South Africa's stringent legal requirements. At Rubensteins Attorneys, we specialise in both residential and commercial evictions, providing you with comprehensive support every step of the way. Our dedicated team ensures that your eviction proceedings are handled efficiently, legally, and with minimal disruption to your property management. We prioritise your best interests, offering clear, pragmatic advice and innovative solutions tailored to your specific needs. With our extensive experience and commitment to excellence, Rubensteins Attorneys is your trusted partner for securing fast, cost-effective eviction orders and maintaining effective property management.
We understand the urgency of resolving tenant disputes and restoring your property rights and we strive to deliver swift, reliable results. We keep you informed throughout the process, providing regular updates and consultations to address any concerns and ensure a smooth eviction process. Trust Rubensteins Attorneys to handle your evictions with the professionalism and efficiency you deserve.
Our services include preparing all necessary legal documents, representation in court, and strategic planning to avoid future disputes. We stay updated on the latest legal developments and leverage our deep knowledge of property law to protect your interests. Choose Rubensteins Attorneys for an eviction service that combines legal excellence with practical advice, ensuring your property management challenges are resolved efficiently and effectively.
