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 attorneys specialises in critical eviction orders in Cape Town. Anytime an eviction lawyer represents a landlord, he/she would generally prepare his or her client as to if he or she has good grounds to evict the lessee and then organise, register, and serve the eviction documentations and represent his/her client in court. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is actually an act of the Parliament of South Africa which entered into effect on 5 June, 1998, and which undertakes to protect against random evictions.
Tenants Not Paying Rent
What must you do if a tenant refrains from paying rent? Instruct an lawyer to start eviction proceedings? Get a financial debt judgment? Or reach an commitment with the lessee which permits them to pay off what you are owed? That it is in lessors best interests nonetheless to terminate the lease and evict the non paying occupants without delay as the key concern must be to removed and replace a delinquent tenant with a paying resident.
Getting Tenants Out
Setbacks arising from stalled action or improper legal procedures often generates added legal services costs, loss of rental income and increased risk of damage to the property.
Lease Agreements
Your lease contract needs to have a contravention clause with it laying out the consequences of breaching one of the terms of the lease agreement. It is up to you the amount of leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction processes. Most significantly an individual must prove to a court of law that there is and/or will likely be significant injury to persons (this may involve the unauthorised occupiers themselves) or else destruction to the property in the event that the request does not get approved. The urgent eviction is actually so formidable, that it allows for the defiant tenant or the prohibited occupier to get commanded by the judge to leave the residential property inside 24 hours, failing which the sheriff of the court is allowed to purposely evict the unauthorised inhabitant off the residential property.
Time & Cost of Evictions
In order to expel a lessee in Elsies Rivier under legal standing, optimal way to significantly lower expenses and losses is to act swiftly and properly whilst avoiding unnecessary postponements. The rent payment arrears recovery procedure is typically initiated along with, and works in conjunction to the application for eviction proceeding.
Landlords Rights
Regardless of the fact that a strong rental contract streamlines eviction procedures, the absence of a lease does not necessarily mean that an illegal tenants cannot be evicted. Find out more about landlords duties and rights here.
Required Documents
The initial step should be to find the acknowledged rental agreement from the homeowner and particulars of the noncompliance of the lessee. In the event of the tenant cannot compensate rental, comprehensive particulars of the arrears should be given by the client.
Elsies Rivier Evictions. Get Expert Eviction Lawyer
Need eviction advice in Elsies Rivier? Trust Rubensteins Attorneys, experts in swift legal notices assisting landlords and property owners.
Eviction Order Lawyers for Elsies Rivier in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly becoming one of the leading law firms in Cape Town. Having indeed developed a reputable name for excellence, Rubensteins is recognised in the industry by its allegiance to its customers, and also its strength to discover resourceful and original solutions to even the most intricate of legal predicaments. All of our clients benefit from our extensive expertise in all key subject fields of South African legislation. Our goal is to go above and beyond, to surpass expectations and to place our valued clients requirements above all 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.
