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.
We pride our lawyers can support with all eviction concerns in Sheraton Park. It is very important for virtually any lessor or entrepreneur having a local rental portfolio to familiarise themselves with the PIE Act together with the numerous approaches it maps out for under legal standing confronting delinquent residents. So as to evict an unauthorised occupier from residential property, the process in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be adhered to. Generally, the property owner must attain a subpoena to remove an wrongful inhabitant. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this features urgent eviction notices.
Tenants Not Paying Rent
Among the most significant issues is that of occupants that do not pay the rental payment & the sub-sequential eviction of the tenants. That it is in property owners best interests nonetheless to terminate the lease and evict the defaulting occupants asap as the priority should be to removed and replace a non-paying tenant with a paying resident.
Getting Tenants Out
Even though a number of us can not imagine a situation happening where the tenant not only decides not to produce the rent, but also decides not to move out.
Lease Agreements
A lease contract should carry a infringement condition in it laying out the results of breaching one of the stipulations of the lease. It is up to you how much lenience you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Most notably a lessor will need to explain to a court of law that there is and or will likely be considerable personal injury to individuals (that could incorporate the unauthorised inhabitants themselves) or else damage to the property in the event that the court order is not approved. The urgent eviction is actually so compelling, that it allows for the defiant tenant or the unlawful occupant to get demanded by the judge to abandon the building in less than 24h, neglecting which the officer of the court is authorised to emphatically dislodge the prohibited tenant from the residential or commercial property.
Time & Cost of Evictions
In order to remove a tenant in Cape Town legitimately, the best way to minimize expenses and losses is to operate swiftly and appropriately whilst eliminating unnecessary setbacks. The rent arrears recovery processes is in most cases begun alongside, and runs in combination to the application for the legal eviction plan.
Landlords Rights
Regardless of the fact that a solid lease agreement simplifies eviction practices, the lack of a lease does not imply that unlawful tenants can not be removed. See more about landlords duties and rights here.
Required Documents
The initial step would certainly be usually to secure the acknowledged lease arrangement from the home-owner and facts of the neglects of the tenant. In case that the lessee cannot pay for rent, full details of the arrears have to be given by the lessor.
Need eviction advice? Rubensteins Attorneys, the best eviction lawyer in Sheraton Park, specialize in fast legal eviction notices for Cape Town landlords.
Eviction Order Attorneys for Sheraton Park in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly becoming one of the most popular legal solutions firms in Cape Town. All evictions are managed by Rubensteins Attorneys who are a highly skilled an adept litigation lawyers with a in depth knowledge of eviction laws in South Africa. Rubensteins come with numerous successful eviction cases in their portfolio, for both civil in addition to corporate and business clients. These include company and commercial to criminal & civil litigation, labor problems, family or business dispute resolutions, divorce law in addition to property transactions. Our goal is to go above and beyond, to exceed expectations and to place our clients requirements 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.
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