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 residential or commercial property legal professionals are also ready to deal with evictions on houses located Beach Estate, (Hout Bay) across Cape Town. When it comes to evictions, the most critical thing is to prevent the cash haemorrhaging. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa that came into effect on 5 June, 1998, and which sets out to prevent unreasonable eviction removals.
Tenants Not Paying Rent
One of the major problems is when occupants who do not pay the rent & the subsequent expulsion of the lessees. There certainly is nothing to stop a property owner from putting out a call for the payable rental payment immediately after the tenant has been removed.
Getting Tenants Out
Even though a number of us can not imagine a situation occurring wherein the resident not only decides not to produce the rent, but also refuses to vacate.
Lease Agreements
Despite the fact that it is not considered a judicial criteria to have a drafted lease understanding, it’s ardently recommended. The contract will illustrate all of the conditions– for the two individuals– of the tenancy. The lease ensures safeguards to both lessor and renter in the circumstance of either one party breaking their duties.
Urgent Evictions
Section 5 of the Act deals with urgent eviction processes. More notably a landlord needs to demonstrate to a court that there certainly is and would be significant personal injury to persons (this might incorporate the unauthorised tenants themselves) alternatively damage to the property should the order is not approved. An emergency eviction is actually so formidable, that it offsets the recalcitrant lessee or the wrongful occupier being required by the court to vacate the home in less than 24h, declining which the officer of the court is authorised to emphatically evict the unauthorised occupier off the property.
Time & Cost of Evictions
To evict a leaseholder in Hout Bay lawfully, optimal way to minimize expenses and losses is to operate quickly and appropriately whilst staying away from avoidable hold-ups. The rental arrears retrieval process is typically instituted alongside, and runs in combination to the application for eviction procedure.
Landlords Rights
Even though a strong rental legal contract reduces eviction procedures, the absence thereof does not necessarily mean that an illegal occupants cannot be dislodged. Find out more about property owners duties & rights here.
Required Documents
The initial step would be normally to secure the signed lease contract agreement from the applicant and facts of the noncompliance of the resident. In the event of the tenant cannot pay for rent, comprehensive details of the arrears needs to be provided by the lessor.
Beach Estate Evictions : Looking for eviction advice in Beach Estate, Cape Town? Get fast legal eviction notices from Rubensteins Attorneys - the experts in landlord and property owner guidance.
Eviction Attorneys for Beach Estate in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly turning into one of the major legal services firms in Cape Town. Having built a reputable name for excellence, Rubensteins is recognised in its industry by its commitment to its clients, as well as its competency to discover inspired and original answers to even the most intricate of legal predicaments. All of our clients gain from our extensive experience in all key specialties of South African legislation. Our intention is to go above and beyond, to exceed expectations and to place our clients needs 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.
