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 legal representatives deal with and oversee all varieties of evictions and local rental recovery affairs all around Lotus River, Grassy Park. Try to get delinquent renters out as swiftly as possible – whether or not it denotes offering to write off a portion of the arrear rental. Just to expel an prohibited tenant from domestic property, the process in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be adhered to. Fundamentally, the property owner has to obtain a written order to remove an un-lawful inhabitant. Sections 4 to 6 of the Land Act provides for process incase of ejections, including with regard to immediate eviction.
Tenants Not Paying Rent
Landlords in Lotus River need to stay away from such unlawful activities as locking the tenant out or cutting off services like water or electricity. That it resides in landlords primary interests none the less to revoke the lease and evict the defaulting residents without delay as the prerogative must be to removed and replace a non-paying lessee with a paying lessee.
Getting Tenants Out
Hold-ups arising from delayed action or inappropriate legal steps commonly results in increased legal costs, loss of rentals income and extended risk of damage to the property.
Lease Agreements
Despite the fact that it is not a official requirement to have a recorded lease contract, it is ardently advised. The lease contract must illustrate all the terms and conditions– for the two parties– of the occupancy. The lease contract gives security to both of property owner and occupant in case of either one individual breaking their commitments.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction processes. Most significantly an individual must explain to a court that there is and will likely be substantial personal injury to individuals (this might incorporate the unlawful inhabitants themselves) or else destruction to property in case that the court order is not awarded. The urgent eviction is actually so compelling, that it enables the recalcitrant tenant or the prohibited inhabitant being ordered by the law court to move out of the residential or commercial property within 1 day, failing which the officer of the court is permitted to purposely dislodge the unlawful inhabitant from the property.
Time & Cost of Evictions
Since an resident can opt to part with a house at any stage through the eviction process, the price can greatly vary with every situation. The rental payment debts recovery processes is ordinarily instituted hand and hand, and functions in line with the application for the legal eviction processes.
Landlords Rights
Even-though a strong rental legal contract simplifies eviction processes, the lack thereof doesn’t necessarily suggest that an illegal tenants can’t be subject to an eviction. Find out more about landlords rights and duties here.
Required Documents
The very first step will be to find the subscribed rental arrangement from the applicant and particulars of the transgressions of the tenant. In the event of the lessee fails to pay rent, comprehensive details of the delinquencies have to be provided by the client.
Eviction attorney in Lotus River. Looking for eviction advice in Lotus River, Cape Town? Rubensteins Attorneys are expert lawyers specialising in fast and lawful eviction notices for landlords and property owners. Seek legal assistance today.
Eviction Lawyers for Lotus River in Cape Town
Established in 2008, Rubensteins Attorneys is quickly becoming one of the leading law firms in Cape Town. Our main focus is on ensuring the absolute best legal guidance to our valued clients. Each of our clients benefit from our exceptional experience in all key fields of local law. We have refined a synergistic ethos, in which our staff support each other to obtain the greatest results for our valued clients.
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.
