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.
To read more on exactly how our staff are able to help anyone with evictions, don’t hesitate to contact our eviction consultants. Property owners and also lessors must be sure to officially evict a non-paying occupant and never ever turn to tactics that contravene the lawful discharge of tenants. In relations to the Constitution of South Africa, Nobody can be forced out from their home, or have their house knocked down, without an order of a judge only made after considering all the related scenarios. Absolutely no regulations could allow irresponsible evictions.” PIE lays out the processes to be followed in the case of these types of evictions.
Tenants Not Paying Rent
But just what can you do if the tenant just ceases paying for their rent, and also it becomes apparent that they have no intention of settling? That it resides in property managers best interests none the less to terminate the lease and evict the defaulting occupants as soon as possible as the top priority should be to removed and replace a non-paying lessee with a paying lessee.
Getting Tenants Out
The unauthorized resident could go to the court hearing on the day the case is set down and oppose the process himself if he believes the eviction is unreasonable.
Lease Agreements
A good lease should contain a breach condition with it specifying the implications of breaching any one of the conditions of the lease agreement. It is then up to the lessor what leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More significantly an individual has to prove to a magistrate that there is and or will likely be significant personal injury to persons (that may involve the unlawful occupants themselves) or else damage to property should the court order is not approved. The emergency eviction is so powerful, that it enables the recalcitrant tenant or the prohibited occupier to be ordered by the law court to leave the residential property within 1 day, failing which the officer of the court is allowed to emphatically dislodge the unlawful inhabitant from the residential or commercial property.
Time & Cost of Evictions
Considering that an resident may choose to move out of a residential property at just about any point throughout the eviction proceeding, the expense can significantly differ with circumstances. The rental fee arrears recuperation processes is typically started alongside, and runs in combination to the application of the eviction processes.
Landlords Rights
Regardless of the fact that a concrete rental agreement reduces eviction steps, the absence thereof doesn’t suggest that an unlawful occupants can not be subject to an eviction. Read more about lease-holders duties and rights here.
Required Documents
The very first step should be to secure the subscribed rental agreement from the applicant and facts of the transgressions of the tenant. In case that the occupant fails to compensate rental, complete specifics of the debts should be given by the client.
Get expert eviction guidance in Table View from Rubensteins Attorneys - specialists in fast legal eviction notices for landlords and property owners.
Eviction Lawyers for Table View in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly turning into one of the top legal in Cape Town. All evictions are handled by Rubensteins Attorneys who are a very competent an accomplished litigation lawyers with a detailed understanding of eviction laws in Cape Town and South Africa. Rubensteins hold numerous successful lawful evictions in their past record, for both civil as well as business clients. Our clients benefit from our considerable expertise with all key specialties of the law. We try to create long-lasting and ultimately meaningful partnerships with our clients, to commit to them and be a part of their progress & 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.
