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.
To read more on specifically how our company can support you with evictions, feel free to contact our eviction professionals. Try to get delinquent renters out as swiftly as is possible – even when it means granting to write off some of the arrear rental. In synopsis, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) offers processes for eviction for unlawful tenants and restricts illegal evictions. The main purpose of the Act is simply to protect both inhabitants and landowners. The owner or lessor needs to follow the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they intend to remove a lessee.
Tenants Not Paying Rent
In a large number of places, it is illegal to evict a leaseholder unless all court procedures are complete, and this can take months. It really resides in landlords primary interests none the less to terminate the lease and evict the defaulting tenants asap as the key concern ought to be to replace a delinquent occupant with a paying leaseholder.
Getting Tenants Out
Proprietors that do not bring an eviction application in decent time or observe the right legal process may well have to endure a lengthy and very expensive experience.
Lease Agreements
Although it is not a legal prerequisite to possess a prepared lease arrangement, it’s ardently advised. The contract must outline all of the terms and conditions– for each of the individuals– of the tenancy. It gives security to both property owner and tenant in the circumstance of any party reneging on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction processes. Most importantly one has to show a law court that there is and or will be significant personal injury to individuals (that may include the unlawful occupants themselves) or else damage to the property if the request is not approved. The emergency eviction is so formidable, that it enables the recalcitrant resident or the prohibited occupier to get ordered by the law court to leave the residential property inside of 1 day, failing which the sheriff of the court is allowed to forcefully evict the unlawful tenant off the home.
Time & Cost of Evictions
Considering that an resident may choose to leave a house at virtually any phase throughout the eviction proceeding, the cost can significantly differ with each circumstance. The rental fee arrears recuperation procedure is typically instituted along with, and operates in line with the application for the eviction process.
Landlords Rights
Despite the fact that a strong rental agreement shortens eviction practices, the absence thereof doesn’t imply that an unlawful residents cannot be subject to an eviction. Read more about landlords rights here.
Required Documents
The first step would be normally to find the acknowledged lease commitment from the client and details of the noncompliance of the tenant. In the event that the tenant fails to pay out rental, comprehensive specifics of the arrears have to be presented by the client.
Best eviction lawyer in Cape Town. Looking for eviction advice in Hout Bay? Rubensteins Attorneys are experts in fast legal eviction notices for landlords and property owners.
Eviction Order Lawyers for Hout Bay in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly became one of the most popular attorneys in Cape Town. Our primary emphasis is on rendering the very best legal services guidance for our clients. Each of our clients gain from our exceptional knowledge in all key areas of local law. We have refined a collaborative culture, where our team support each other to obtain the greatest results for our 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.
