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 can easily enable you to handle evictions successfully. It is crucial for any kind of lessor or entrepreneur having a rentals portfolio to enlighten themselves with the PIE Act as well as the various approaches it maps out for lawfully dealing with delinquent leaseholders. In summary, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) delivers procedures for eviction of unauthorised residents and restricts illegal evictions. The primary goal of the Act is to give protection to both occupants and home owners. The property owner or landlord must adhere to the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they intend to evict a tenant.
Tenants Not Paying Rent
Precisely what should you do the moment a lessee stops paying their rent? Instruct an lawyer to start eviction proceedings? Get a debt ruling? Or even reach an arrangement with the tenant that permits him or her to settle what you are owed? It really is in lessors best interests never the less to cancel the lease and evict the non paying tenants as soon as possible as the priority must be to removed and replace a delinquent lessee with a paying lessee.
Getting Tenants Out
Proprietors which do not deliver an eviction application in decent time or adopt the right legal processes might have to endure a extensive and pricey process.
Lease Agreements
Whilst it isn’t a official condition to possess a written lease, it is highly advocated. The contract will spell out each of the terms– for the two parties– of the tenancy. It grants safeguards to both of property owner and lessee in case of either one individual defaulting on their responsibilities.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. More significantly an individual will need to demonstrate to a court that there actually is and/or will likely be considerable personal injury to people (that may consist of the unlawful inhabitants themselves) or destruction to the property should the request is not approved. An emergency eviction is actually so powerful, that it enables the recalcitrant lessee or the wrongful occupier being ordered by the law court to leave the building inside of 24h, declining which the officer of the court is allowed to forcefully evict the wrongful inhabitant from the property.
Time & Cost of Evictions
Since an occupant can opt to part with a residential or commercial property at virtually any time through the eviction procedure, the outlay can significantly fluctuate with every situation. The rental payment arrears recovery procedure is ordinarily begun in addition to, and operates in line with the application of the eviction plan.
Landlords Rights
Despite the fact that a iron clad rental contract reduces eviction process, the absence thereof doesn’t necessarily mean that an illegal residents can not be dislodged. Find out more about property owners rights here.
Required Documents
The initial step would certainly be usually to secure the signed rental commitment from the client and particulars of the contraventions of the tenant. In the event of the tenant cannot pay out rental, comprehensive specifics of the debts have to be provided by the client.
Oude Westhof Evictions Expert Legal Assistance in Cape Town
Oude Westhof Eviction Lawyers : Are you a landlord or property owner in Oude Westhof, Cape Town? Get fast eviction advice from expert attorneys at Rubensteins Attorneys.
Eviction Notice Attorneys for Oude Westhof in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the major attorneys in Cape Town. Evictions are dealt with by Rubensteins Attorneys who are a exceptionally competent an accomplished litigation lawyers with a exhaustive knowledge of eviction laws in Cape Town & South Africa. Rubensteins have numerous successful evictions in their past record, for both civil in addition to corporate clients. These include company and commercial to civil and criminal lawsuits, labour issues, business or family conflict resolution, divorce law in addition to property transactions. Our intent is to go above and beyond, to exceed 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.
