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.
Double time an eviction demand with our eviction professionals in Loucharmante. Get tardy occupants out immediately – whether or not it involves granting to disregard a portion of the arrear rental. In order to evict an prohibited occupant from non commercial property, the technique in whens it come to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be observed. Fundamentally, the property owner has to attain a written order to remove an un-lawful tenant. Sections 4 to 6 of the Act provides for procedure in case of evictions, including for urgent eviction.
Tenants Not Paying Rent
One of the largest concerns is in which occupants that do not pay the rent payment and the following eviction of the lessees. Generally there is nothing to prevent a property owner from putting out a call for the unpaid rental fee after the tenant has been expelled.
Getting Tenants Out
The unlawful occupier can turn up the court hearing on the day the case is set down and fight for himself if he believe the eviction unwarranted.
Lease Agreements
Even though it is not a legal requirement to have a prepared lease, it is strongly recommended. The lease will spell out all of the terms and conditions– for both parties– of the occupancy. The lease contract gives safeguards to simultaneously lessor and lessee in case of any individual reneging on their committals.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction proceedings. Very significantly an individual must demonstrate to a law court that there is and will likely be considerable injury to individuals (this could involve the wrongful occupiers themselves) or damages to residential or commercial property should the order does not get approved. An emergency eviction is actually so powerful, that it enables the defiant resident or the prohibited occupier to get demanded by the judge to abandon the building in less than 1 day, failing which the officer of the court is mandated to forcefully dislodge the unauthorised tenant from the home.
Time & Cost of Evictions
Considering that an tenant could decide to vacate a residential property at almost any phase throughout the eviction procedure, the outlay can substantially fluctuate with every circumstance. The rent arrears recovery processes is usually started alongside, and functions in conjunction to the application for the eviction processes.
Landlords Rights
Regardless of the fact that a concrete lease legal contract shortens eviction procedures, the absence thereof does not mean that an illegal tenants can not be removed. Read more about property owners duties and rights here.
Required Documents
The initial step would be normally to attain the signed lease commitment from the home-owner and specifics of the transgressions of the resident. In the event of the occupant fails to pay out rent, full particulars of the delinquencies must be given by the lessor.
Loucharmante Attorneys Handling Cape Town Evictions
Loucharmante Evictions : Are you a landlord or property owner in Cape Town seeking eviction advice? Look no further! Rubensteins Attorneys are expert lawyers specialising in fast legal eviction notices.
Eviction Attorneys for Loucharmante in Cape Town
Founded in 2008, Rubensteins Attorneys swiftly turned into one of the major legal in Cape Town. All evictions are handled by Rubensteins Attorneys who are a very competent an accomplished litigation lawyers with a in depth understanding of eviction laws in South Africa. Rubensteins hold numerous successful eviction cases under their belt, for both residential along with business clients. All these areas include corporate & commercial to criminal and civil litigation, labour problems, family or business conflict resolution, family law as well as property dealings. At Rubensteins we have cultivated a collaborative ethos, where our staff support each other to attain 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.
