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 manage and command all kinds of evictions and also rental recovery issues all around Eikendal, Kraaifontein. With evictions, the most important task is to stop the financial haemorrhaging. In synopsis, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act delivers procedures for eviction for unlawful residents and restrains unlawful evictions. The fundamental aim of the Act is simply to offer protection to both tenants and landowners. The owner or landlord must adhere to the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they need to remove a renter.
Tenants Not Paying Rent
But just what should you do if the tenant simply ceases giving their rent, and it becomes apparent that he or she have zero intent of settling? It really is in property owners primary interests nonetheless to terminate the lease and evict the non paying lessees asap as the top priority must be to removed and replace a delinquent occupant with a paying lessee.
Getting Tenants Out
Property managers which fail to deliver an eviction request in decent time or observe the appropriate legal procedures might have to sustain a prolonged and expensive experience.
Lease Agreements
Your lease should carry a contravention section in it detailing the effects of breaching any of the terms of the contract. It is then up to the landlord what amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. More importantly a landlord will need to demonstrate to a law court that there actually is and or will likely be considerable injury to persons (that might incorporate the wrongful tenants themselves) or even damage to property if the court order is not awarded. An emergency eviction is so compelling, that it allows for the recalcitrant lessee or the unlawful inhabitant to get ordered by the court to leave the property inside 24h, neglecting which the officer of the court is permitted to forcefully evict the illegal tenant from the home.
Time & Cost of Evictions
As an tenant may choose to move out of a residential or commercial property at almost any phase through the eviction proceeding, the cost can significantly differ with scenarios. The rent payment and loss retrieval process is often started in addition to, and operates in line with the application for legal eviction procedure.
Landlords Rights
Even-though a iron clad lease agreement streamlines eviction process, the lack thereof doesn’t suggest that an illegal occupants can not be dislodged. See more about property owners duties & rights here.
Required Documents
The first step would be usually to find the signed lease contract arrangement from the home-owner and details of the noncompliance of the renter. In case that the tenant fails to pay rental, comprehensive particulars of the debts must be supplied by the client.
Get eviction advice in Eikendal. Seek help from Rubensteins Attorneys, Cape Town's experts in fast and legal eviction notices. Trust experienced lawyers for eviction assistance.
Eviction Attorneys for Eikendal in Cape Town
Formed in 2008, Rubensteins Attorneys quickly became one of the most popular law firms in Cape Town. Having developed a reputable name for excellence, Rubensteins is distinguished in the field by its devotion to its customers, as well as its aptitude to find creative and original approaches to even some of the most complex of legal situations. These involve company & commercial to civil & criminal litigation, labor disputes, family or business conflict resolution, family law in addition to property related transactions. We endeavour to create long-lasting and ultimately meaningful relationships with our clients, to commit to their legal issues and be an instrument of their progression and their prosperity.
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.
