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 legal practitioners can aid with all eviction concerns in Grahamdale. Get delinquent tenants out right away – even if it spells granting to take a loss on some of the arrear rental money. For you to expel an unlawful inhabitant from residential property, the technique in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be observed. Primarily, the property owner must secure a legal order to dislodge an un-lawful occupier. The sections 4 to 6 in the Land Act provide for procedure in the event of ejections, including for immediate eviction.
Tenants Not Paying Rent
In lots of areas, it is not legal to remove a leaseholder unless all legal procedures are concluded, and this could take several months. Certainly there is nothing to prevent a landlord from putting out a summons for the delinquent rental payment immediately after the tenant has actually been extruded.
Getting Tenants Out
While many of us can not envision a circumstance arising where the tenant not only decides not to pay for the rent, but also decides not to vacate.
Lease Agreements
Despite the fact that it is not a judicial prerequisite to have a drafted lease contract, it’s definitely advised. The lease contract ought to define each of the terms and conditions– for both of these parties– of the tenancy. It gives safeguards to simultaneously property owner and tenant in case of any party reneging on their committals.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. Most importantly one will need to demonstrate to a court that there is and/or will be substantial injury to persons (this can involve the wrongful inhabitants themselves) or else destruction to residential or commercial property should the order does not get approved. The emergency eviction is actually so powerful, that it allows for the unwilling resident or the illegal inhabitant to get commanded by the court to move out of the residential property within 1 day, declining which the sheriff of the court is allowed to emphatically evict the unauthorised resident from the home.
Time & Cost of Evictions
Since an lessee might decide to retract from a house at pretty much any time during the eviction procedure, the cost can drastically differ with each circumstance. The rent and loss retrieval processes is frequently launched alongside, and runs in combination to the application of the eviction plan.
Landlords Rights
Although a solid lease legal contract reduces eviction steps, the lack of a lease agreement does not necessarily mean that unauthorised occupants can not be dislodged. Read more about property owners rights here.
Required Documents
The first step should be usually to find the subscribed rental agreement from the applicant and facts of the infringements of the resident. In the event of the tenant cannot pay rent, full particulars of the delinquencies needs to be presented by the lessor.
Grahamdale Evictions - Are you a landlord in Grahamdale? Get expert eviction advice from Rubensteins Attorneys, the leading lawyers in Cape Town specialising in fast legal eviction notices for landlords and property owners.
Eviction Attorneys for Grahamdale in Cape Town
Founded in 2008, Rubensteins Attorneys quickly turned into one of the major attorneys in Cape Town. Having indeed cultivated a reputation for efficiency, Rubensteins is marked in its field by its dedication to its clients, as well as its ability to identify productive and effective solutions to even the most complex of law challenges. Our law firm in Grahamdale undertakes to reach the absolute most affordable and efficient approach to your legal matters. We endeavour to create lasting and ultimately meaningful associations with our clients, to invest in them and be an instrument 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.
