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 firm have really rooted ourselves at the leading edge of the boutique eviction providers providers knowledgeable, reputable, credible, and efficient eviction law in Sunbird Park, Blackheath. In many areas, eviction, certainly a home eviction, is often deemed as being a very substantial situation. Eviction in terms of the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
If demands all fail and the occupant still does not pay, secure an eviction lawyer. On the very first achievable opportunity file a tenant-landlord objection in court. It really is in landlords best interests nonetheless to terminate the lease and evict the defaulting lessees asap as the top priority should be to switch a delinquent lessee with a paying resident.
Getting Tenants Out
The wrongful tenant might visit the court hearing on the day it is set down and dispute the process himself if he believes the eviction is unfair.
Lease Agreements
Although it is not a legal prerequisite to possess a recorded lease contract, it’s ardently advocated. The contract needs to outline all of the conditions– for both equally individuals– of the occupancy. The lease gives security to simultaneously property owner and tenant in the event of either individual breaking their committals.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. Very significantly one has to explain to a magistrate that there certainly is and will likely be significant injury to persons (that could involve the unlawful inhabitants themselves) or even damage to residential or commercial property in the event that the request does not get approved. An urgent eviction is actually so effective, that it allows for the defiant resident or the prohibited occupier to be required by the law court to move out of the property inside 1 day, declining which the sheriff of the court is mandated to forcefully remove the unauthorised resident from the residential property.
Time & Cost of Evictions
Since an resident can opt to clear a residential property at any stage throughout the eviction procedure, the cost can substantially fluctuate with circumstances. The rental payment and loss retrieval processes is usually started in addition to, and functions in line with the application for legal eviction procedure.
Landlords Rights
Even though a iron clad rental contract streamlines eviction steps, the absence thereof doesn’t imply that unlawful residents can’t be removed. Find out more about lease-holders rights & duties here.
Required Documents
The start will be usually to find the signed lease contract arrangement from the client and details of the neglects of the lessee. In case that the lessee cannot pay rent, complete particulars of the arrears should be given by the client.
Expert eviction lawyers in Sunbird Park providing reliable assistance and fast legal eviction notices for landlords. Trust Rubensteins Attorneys.
Eviction Lawyers for Sunbird Park in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly turning into one of the major attorneys in Cape Town. All evictions are handled by Rubensteins Attorneys who are a highly competent an experienced litigation lawyers with a in depth understanding of eviction laws in South Africa. Rubensteins have many successful eviction cases under their belt, for both civil and also corporate clients. Our law firm in Sunbird Park resolves to deliver the most cost effective and effective handling of your legal matters. Our intention is to go above and beyond, to rise above expectations and to put our valued clients needs above everything else.
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.
