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.
For more details on specifically how we can help you with evictions, feel free to talk to our eviction experts. Get deleterious lessees out as quickly as is possible – even if it denotes offering to give up some of the arrear rental. In order to remove an wrongful occupant from domestic property, the procedure in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be complied with. Basically, the lessor has to acquire a order to oust an un-lawful occupier. Sections 4 to 6 in the Act provides for procedure in case of ejections, including for urgent eviction.
Tenants Not Paying Rent
If demands all fail and the tenant still won’t pay, secure an eviction lawyer. At the first possible opportunity record a tenant-landlord complaint in a court. That it is in property owners best interests none the less to cancel the lease and evict the non paying occupants as soon as possible as the top priority should be to switch a non-paying lessee with a paying renter.
Getting Tenants Out
Even though a number of us can not imagine a situation developing wherein the occupant not only refuses to produce the rent, but furthermore refuses to vacate.
Lease Agreements
Though it is not a legal criteria to possess a prepared lease arrangement, it is highly recommended. The lease agreement should outline all of the details– for each of the parties– of the tenancy. The lease agreement ensures safeguard to simultaneously lessor and occupant in case of any party defaulting on their commitments.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. Very importantly an individual needs to show a magistrate that there is and/or would be substantial injury to people (this could incorporate the unlawful inhabitants themselves) or else damages to residential or commercial property should the request does not get approved. An emergency eviction is actually so effective, that it allows for the unwilling tenant or the unlawful occupier to get demanded by the judge to vacate the building in less than 1 day, neglecting which the sheriff of the court is authorised to forcefully dislodge the wrongful resident from the residential or commercial property.
Time & Cost of Evictions
To expel a lease holder in Atlantis legally, the most effective way to lower costs and losses is to operate quickly and effectively whilst keeping away from unnecessary delays. The rent arrears recovery procedure is often initiated along with, and functions in combination to the application of the legal eviction processes.
Landlords Rights
Even-though a sound lease legal contract simplifies eviction procedures, the lack of a lease agreement does not necessarily suggest that an illegal tenants cannot be evicted. Read more about lease-holders duties and rights here.
Required Documents
The start will be to find the acknowledged lease contract arrangement from the client and facts of the infringements of the resident. In the event of the occupant cannot pay out rent, complete specifications of the debts should be presented by the property owner.
Robinvale Evictions : Are you a landlord or property owner in Cape Town seeking eviction advice? Look no further than Rubensteins Attorneys, the experts in fast and lawful eviction notices.
Eviction Order Attorneys for Robinvale in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the most popular law firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who is a very proficient an experienced litigation attorneys with a extensive knowledge of eviction laws in South Africa. Rubensteins come with numerous successful legal evictions under their belt, for private as well as corporate clients. These involve corporate & commercial to criminal & civil litigation, labor disputes, family or business conflict resolution, family law in addition to property related transactions. We aspire to make long-lasting and ultimately meaningful associations with our clients, to commit to them and ultimately be a part to their progression and their prosperity.
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.
