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 legal advisers are specialists in immediate eviction orders in Cape Town. With evictions, one of the most important factor is to prevent the financial haemorrhage. In order to expel an wrongful tenant from non commercial property, the process in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be observed. Fundamentally, the lessor must get a written order to remove an unlawful tenant. The sections 4 to 6 in the Land Act provide for procedure incase of evictions, including when it comes to urgent eviction.
Tenants Not Paying Rent
What must you do if a tenant refrains from paying rent? Counsel an lawyer to start eviction proceedings? Get a financial debt judgment? Or perhaps reach an commitment with the renter which permits him or her to payoff what you are owed? It really resides in property managers best interests never the less to revoke the lease and evict the non paying tenants asap as the top priority should be to replace a delinquent tenant with a paying lessee.
Getting Tenants Out
Property owners that fail to bring an eviction request in decent time or abide by the appropriate legal procedures can have to endure a lengthy and pricey process.
Lease Agreements
Your lease contract should have a infraction paragraph with it specifying the consequences of breaching any of the stipulations of the lease. It is up to you what amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most notably a lessor will need to demonstrate to a law court that there actually is and will be substantial personal injury to people (that can include the wrongful occupants themselves) or even damages to property in case that the order is not granted. An immediate eviction is so formidable, that it allows for the unwilling lessee or the prohibited occupant to be ordered by the law court to abandon the residential or commercial property inside of 24 hours, declining which the officer of the court is allowed to purposely remove the unauthorised tenant from the property.
Time & Cost of Evictions
Since an tenant might opt to vacate a property at just about any stage during the eviction proceeding, the outlay can drastically differ with each situation. The rental fee arrears retrieval procedure is ordinarily begun alongside, and works in combination to the application of the legal eviction procedure.
Landlords Rights
Even though a solid lease contract shortens eviction procedures, the lack of a lease agreement doesn’t imply that unauthorised residents can not be evicted. Read more about landlords rights here.
Required Documents
The initial step would certainly be to obtain the signed lease agreement from the homeowner and specifics of the noncompliance of the lessee. In case of the occupant fails to compensate rental, comprehensive specifics of the arrears must be provided by the client.
Blouberg Sands Evictions : Are you a property owner in Blouberg Sands, Cape Town seeking eviction advice? Look no further than Rubensteins Attorneys, the experts in fast legal eviction notices.
Eviction Order Attorneys for Blouberg Sands in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the most popular law firms in Cape Town. Our firms focus is on giving the superb law advice for our valued clients. These include company and commercial to civil and criminal lawsuits, labour disputes, business or family dispute resolution, divorce law together with property related matters. Our goal 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.
