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 firms eviction legal advisers specialises in immediate eviction notices in Cape Town. Some recalcitrant renters vacate after being given the opening charge from an attorney to do so. Others put up a dispute and continue to be located in the property for a lot longer. In terms of the Constitution of South Africa, Nobody may be removed from their household, or have their residence demolished, in the absence of an order of a judge only made after taking into account each of the related situations. Absolutely no legislation could authorise unreasonable evictions.” PIE creates the process to be adhered to in the case of such removals.
Tenants Not Paying Rent
What must a person do whenever a leaseholder stops paying their renal commitments? Counsel an legal professional to set in motion eviction process? Acquire a debt ruling? Or perhaps get to an agreement with the renter which permits them to pay off what you are owed? There certainly is nothing at all to stop a landlord from dispatching a command for the delinquent rental after the occupant has actually been removed.
Getting Tenants Out
Hold-ups coming from delayed action or flawed legal procedures often provokes extra legal expenses, loss of rent income and increased risk of damages to the residence.
Lease Agreements
Having a solid lease needs to have a infringement clause in it detailing the implications of breaching any one of the stipulations of the lease contract. It is then up to you just how much lenience you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. Most importantly a lessor must demonstrate to a law court that there is and/or would be substantial injury to people (this may involve the unlawful tenants themselves) or even destruction to property in the event that the order does not get approved. An emergency eviction is so powerful, that it offsets the recalcitrant tenant or the prohibited inhabitant to get required by the judge to move out of the residential or commercial property in less than 24 hours, declining which the sheriff of the court is authorised to emphatically remove the illegal tenant from the residential property.
Time & Cost of Evictions
As an tenant might elect to vacate a residential property at pretty much any stage during the eviction proceeding, the cost can considerably vary with every situation. The rental debts retrieval process is usually set in motion in addition to, and operates in combination to the application of the legal eviction proceeding.
Landlords Rights
Though a solid lease contract simplifies eviction procedures, the lack of a lease does not necessarily mean that unlawful residents can not be evicted. Read more about landlords rights here.
Required Documents
The initial step will be to attain the subscribed lease commitment from the property owner and particulars of the neglects of the tenant. In case of the occupant cannot pay out rental, full particulars of the debts have to be presented by the client.
Facts of property ownership
The contract
Financial transaction history of what is owed
A thorough background of what has taken place
A foundation of compensations or danger to a person
Looking for eviction advice in Lansdowne? Contact Rubensteins Attorneys, expert eviction lawyers in Cape Town, providing fast and reliable legal eviction notices for landlords and property owners.
Eviction Attorneys for Lansdowne in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the top law firms in Cape Town. All evictions are dealt with by Rubensteins Attorneys who is a exceptionally competent an skilled litigation attorneys with a comprehensive knowledge of eviction laws in South Africa. Rubensteins come with many successful eviction cases under their belt, for both residential and also corporate and business clients. All these also include company & commercial to criminal and civil litigation, labour problems, family or business conflict resolutions, divorce law together with property related transactions. Our goal is to go above and beyond, to rise above expectations and to put our valued clients requirements 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.
