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.
As expert residential property lawyers in De Oude Spruit, (Brackenfell) we represent landlords, residential or commercial property supervisors and leasing agents relating to tenant disputes as well as evictions. Most stubborn occupiers relinquish only after receiving the opening command from an lawyer or attorney to do so. Other people put up a fight and continue to be located in the property for much longer. In order to dislodge an unlawful tenant from household building, the course of action in regards to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be followed. Primarily, the property owner should attain a court order to dislodge an prohibited renter. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this includes urgent eviction notices.
Tenants Not Paying Rent
One of the major problems is where tenants who do not pay the rent payment and the following expulsion of the lessees. It resides in lessors primary interests nevertheless to terminate the lease and evict the defaulting lessees without delay as the top priority ought to be to removed and replace a non-paying lessee with a paying lessee.
Getting Tenants Out
Though a number of us can not envision a situation happening where the renter not only refuses to pay the rent, but also decides not to leave.
Lease Agreements
Having a secure lease agreement needs to contain a noncompliance paragraph with it specifying the penalties of breaching one of the terms of the lease agreement. It is up to you what amount of leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Act deals with urgent eviction processes. More significantly an individual will need to demonstrate to a law court that there is and/or would be substantial personal injury to individuals (this might include the unauthorised occupants themselves) or else damage to property in case that the request does not get granted. The immediate eviction is actually so formidable, that it allows for the defiant tenant or the illegal occupant being required by the judge to vacate the building within 24h, declining which the sheriff of the court is permitted to forcefully remove the prohibited tenant from the house.
Time & Cost of Evictions
In order to remove a occupant in Brackenfell legitimately, the best way to minimise expenses and inevitably losses is to act efficiently and properly while steering clear of needless setbacks. The rental payment arrears recuperation process is normally initiated along with, and runs in conjunction to the application of the eviction procedure.
Landlords Rights
Despite the fact that a solid rental agreement shortens eviction process, the lack of a lease agreement does not mean that an illegal residents can’t be dislodged. Find out more about landlords rights & duties here.
Required Documents
The first step will be to obtain the signed lease arrangement from the applicant and particulars of the infringements of the resident. In the event of the tenant fails to compensate rental, complete specifications of the debts needs to be provided by the lessor.
De Oude Spruit eviction lawyer. Looking for eviction advice? Rubensteins Attorneys in De Oude Spruit are your expert lawyers for fast and effective legal eviction notices. Seek their assistance now.
Eviction Attorneys for De Oude Spruit in Cape Town
Established in 2008, Rubensteins Attorneys is swiftly turning into one of the major attorneys in Cape Town. Our focus is on rendering the absolute best law insight to our valued clients. These also include corporate and commercial to civil and criminal lawsuits, labour issues, business or family dispute resolution, divorce law as well as property related dealings. Irrespective of just how daunting or intricate the mandate, we will give clear, useful and commercially-sound legal advice.
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.
