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 eviction counselors can enable you to handle evictions the right way. Your property may be an income-earning asset to anyone, however to your residents it is their home. So exactly what does one do as your lessee fails to pay the rental and ends up in breach of the contract commitment? Our aim is really to assist our clients to solve the legal matters in their commercial property as well as private lifestyles in a simple, proficient, professional and timeous manner. We take pride in ourselves in our very high work set of values and attention to detail.
Tenants Not Paying Rent
The obligations of renters as well as property owners are addressed in statutory, as well as non-statutory law in Southern Africa. Certainly there is nothing to prevent a lessor from dispatching a command for the unsettled rental after the tenant has actually been evicted.
Getting Tenants Out
Hold-ups resulting from prolonged action or misguided legal procedures typically provokes extra legal services costs, loss of rentals cash flow and amplified risk of damage to the property.
Lease Agreements
Even-though it is not a judicial prerequisite to have a recorded lease, it’s ardently recommended. The lease contract should outline each of the conditions– for both of these individuals– of the occupancy. The contract offers safeguard to simultaneously lessor and occupant in the event of either individual reneging on their commitments.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. More importantly an individual will need to prove to a judge that there actually is and or will be considerable injury to persons (that may consist of the wrongful inhabitants themselves) or damages to the property in case that the court order does not get approved. The emergency eviction is actually so powerful, that it enables the recalcitrant resident or the illegal occupier being ordered by the law court to leave the property in less than 1 day, neglecting which the officer of the court is authorised to forcefully evict the unauthorised tenant from the house.
Time & Cost of Evictions
Considering that an resident might opt to part with a residential property at any phase through the eviction process, the outlay can drastically differ with every situation. The rental and loss retrieval process is generally launched along with, and works in line with the application of the legal eviction processes.
Landlords Rights
Despite the fact that a iron clad lease legal contract streamlines eviction processes, the lack of a lease agreement doesn’t mean that unlawful residents can not be subject to an eviction. Find out more about lease-holders duties and rights here.
Required Documents
The very first step would certainly be usually to obtain the subscribed lease contract arrangement from the client and details of the transgressions of the lessee. In case that the occupant cannot pay for rent, complete particulars of the arrears should be supplied by the client.
Eindhoven eviction guidance. Looking for eviction advice? Contact Rubensteins Attorneys, the expert lawyers in Eindhoven evictions Cape Town. We specialise in fast legal eviction notices for landlords and property owners.
Eviction Lawyers for Eindhoven in Cape Town
Founded in 2008, Rubensteins Attorneys swiftly turned into one of the most popular law firms in Cape Town. Evictions are handled by Rubensteins Attorneys who is a very skilled an adept litigation lawyers with a exhaustive understanding of eviction laws in Cape Town and South Africa. Rubensteins come with numerous successful legal evictions under their belt, for both civil along with business clients. All these involve corporate and commercial to criminal & civil lawsuits, labour problems, family or business dispute resolution, divorce law together with property transactions. We endeavour to build long-lasting and meaningful associations with our clients, to invest in them and be an instrument 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.
