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 professional commercial property legal practitioners in Clairwood, (Eerste Rivier) we act for landlords, residential or commercial property companies and rentals realtors involving tenant legal disputes and evictions. Regarding evictions, one of the most important thing is to end the cash haemorrhage. If you want to expel an illegal occupier from domestic property, the technique in relations to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be observed. Basically, the owner will have to obtain a order to oust an unlawful tenant. The sections 4 to 6 in the Land Act provide for process incase of evictions, including with respect to urgent eviction.
Tenants Not Paying Rent
Some of the biggest issues is that of occupants which do not pay the rental & the following expulsion of the lessees. There really is virtually nothing to prevent a lessor from issuing a summons for the past due rent after the lessee has been extruded.
Getting Tenants Out
Setbacks coming from delayed action or incorrect legal approaches usually generates additional legal services fees, loss of rent income and inflated risk of damage to the property.
Lease Agreements
A lease agreement needs to contain a infraction condition in it describing the effects of breaching any one of the stipulations of the contract. It is up to the owner what lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Act deals with urgent eviction processes. Most notably one has to explain to a court of law that there is and or would be substantial injury to people (that may include the unauthorised tenants themselves) or even damages to the property in the event that the order does not get granted. The immediate eviction is actually so compelling, that it offsets the defiant resident or the illegal inhabitant to be ordered by the court to move out of the residential or commercial property within 24h, neglecting which the officer of the court is mandated to emphatically dislodge the unlawful resident off the residential or commercial property.
Time & Cost of Evictions
To evict a tenant in Eerste Rivier legally, the most effective way to minimize costs and ultimately losses is to operate speedily and appropriately whilst staying clear of unnecessary delays. The rental arrears retrieval procedure is typically set in motion in addition to, and runs in combination to the application for the legal eviction proceeding.
Landlords Rights
Though a concrete lease agreement streamlines eviction steps, the absence thereof doesn’t suggest that unauthorised tenants cannot be dislodged. Find out more about property owners duties & rights here.
Required Documents
The very first step would be to attain the signed lease commitment from the client and details of the breaches of the resident. In the event of the tenant cannot pay rent, complete specifications of the arrears needs to be given by the client.
Confirmation of property ownership
The contract
Transaction history of what is owed
A comprehensive background of what has taken place
A foundation of compensations or danger to a person
Eviction Attorney Cape Town Protecting Your Rights in Clairwood
Clairwood Evictions : Are you a landlord seeking eviction advice? Rubensteins Attorneys in Clairwood Evictions, Cape Town, are experts in fast legal eviction notices. Get the guidance you need from our experienced eviction lawyers today.
Eviction Order Lawyers for Clairwood in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the major law firms in Cape Town. Our primary priority is on rendering the absolute best legal guidance for our clients. Our firm in Clairwood undertakes to deliver the absolute most affordable and effective approach to your legal matters. Our goal is to go above and beyond, to exceed expectations and to put 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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