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.
In order to get the best evictions lawyer or attorney support services in De Bron, Bellville. Residential or commercial property proprietors as well as landlords have to never fail to by law evict a non-paying renter and certainly never turn to methods that refute the lawful discharge of occupants. Our objective is simply to support our clients to resolve the eviction problems inside their business as well as personal lives in a simple, proficient, expert and timeous way. We pride ourselves on our high work values and attention to detail.
Tenants Not Paying Rent
Among the greatest issues is that of lessees which do not pay the rental payment & the consecutive eviction of the tenants. It is in property owners primary interests nevertheless to revoke the lease and evict the non paying residents asap as the key concern must be to switch a non-paying lessee with a paying resident.
Getting Tenants Out
The unlawful tenant might go to the court hearing on the day the case is set down and oppose the process himself if he believes the eviction unwarranted.
Lease Agreements
Even-though it is not a official criteria to possess a recorded lease arrangement, it’s highly advocated. The lease contract ought to spell out all the terms– for the two individuals– of the tenancy. The lease agreement offers security to both of lessor and occupant in case of either individual breaking their responsibilities.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. Most significantly one has to explain to a judge that there is and/or would be considerable injury to people (that may include the unauthorised occupiers themselves) or destruction to residential or commercial property should the court order does not get granted. An emergency eviction is so powerful, that it offsets the unwilling tenant or the illegal occupier to get ordered by the judge to move out of the residential property in less than 24h, neglecting which the officer of the court is authorised to purposely evict the unlawful tenant from the house.
Time & Cost of Evictions
Considering that an occupant can choose to vacate a residential property at any point through the eviction process, the cost can greatly differ with each circumstance. The rent payment arrears recuperation process is ordinarily launched hand and hand, and works in line with the application of the eviction procedure.
Landlords Rights
Even though a concrete rental agreement streamlines eviction procedures, the lack thereof doesn’t necessarily suggest that an illegal tenants cannot be dislodged. Read more about property owners rights and duties here.
Required Documents
The first step would certainly be to attain the signed lease contract agreement from the applicant and specifics of the infringements of the resident. In the event of the lessee cannot pay rental, comprehensive particulars of the arrears must be provided by the landlord.
Need eviction advice in De Bron? Get fast & reliable eviction notices from Rubensteins Attorneys, expert lawyers in Cape Town, for landlords & property owners.
Eviction Notice Lawyers for De Bron in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly becoming one of the major attorneys in Cape Town. Our emphasis is on giving the superb law advice to our clients. Our clients gain from our considerable experience in all key subject fields of South African legislation. Our aim is to go above and beyond, to rise above expectations and to place our clients needs foremost.
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.
