TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
Step 1.
Letter of Demand
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.
For additional information on how our company may help anyone with evictions, don’t hesitate to speak to our eviction experts. Eviction, additionally distinguished in several areas as an un-lawful detainer, could be a tough process to understand. So as to dislodge an unauthorised occupant from residential property, the procedure in terms of schedule 4 as well as 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be obeyed. Essentially, the owner has to secure a subpoena to dislodge an prohibited occupant. Sections 4 to 6 of the Act attends to procedure in case of evictions and this consists of urgent eviction directives.
Tenants Not Paying Rent
In a large number of areas, it is unlawful to dislodge a leaseholder until all court procedures are complete, and this could take months. It is in landlords best interests none the less to revoke the lease and evict the defaulting lessees as soon as possible as the prerogative ought to be to switch a delinquent occupant with a paying tenant.
Getting Tenants Out
The unlawful resident is able to go to the courtroom hearing on the day it is considered and fight for himself if he believe that the eviction is unjust.
Lease Agreements
Although it isn’t a legal prerequisite to have a prepared lease, it’s strongly recommended. The lease agreement needs to spell out all the terms and conditions– for each of the individuals– of the tenancy. It provides safeguards to both lessor and tenant in case of either one party breaking their responsibilities.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. Very notably a lessor has to explain to a magistrate that there actually is and or would be substantial personal injury to individuals (that might consist of the wrongful inhabitants themselves) or even damages to the property in the event that the order is not approved. The urgent eviction is so effective, that it offsets the recalcitrant tenant or the wrongful occupant being required by the court to leave the home inside 24h, failing which the officer of the court is permitted to purposely evict the unlawful tenant off the property.
Time & Cost of Evictions
Since an resident could decide to clear a residential property at any time during the eviction proceeding, the outlay can considerably vary with each situation. The rental payment debts retrieval processes is frequently begun along with, and works in line with the application for the legal eviction procedure.
Landlords Rights
Despite the fact that a strong lease legal contract shortens eviction practices, the absence of a lease does not necessarily mean that an illegal tenants cannot be subject to an eviction. Read more about lease-holders duties & rights here.
Required Documents
The very first step will be usually to secure the signed rental commitment from the applicant and details of the transgressions of the tenant. In case that the tenant cannot pay rent, comprehensive specifics of the debts needs to be presented by the client.
Pinelands Evictions : Are you a landlord or property owner seeking eviction advice? Get expert help from Rubensteins Attorneys, the trusted eviction lawyers in Pinelands, Cape Town. With our fast and effective legal eviction notices, you can resolve tenant issues efficiently. Contact us today.
Eviction Order Lawyers for Pinelands in Cape Town
Formed in 2008, Rubensteins Attorneys is fast becoming one of the top legal services firms in Cape Town. All evictions are handled by Rubensteins Attorneys who are a exceptionally skilled an accomplished litigation attorneys with a exhaustive knowledge of eviction laws in Cape Town and South Africa. Rubensteins have many successful evictions under their belt, for civil in addition to business clients. All of our clients gain from our vast competence in all key subject fields of the law. Irrespective of just how challenging and / or intricate the decree, we will certainly supply crystal clear, efficient & commercially-sensible legal services 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.
