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.
We pride our legal representatives can help with all eviction concerns in Clarkes. Get tardy renters out asap – even when it involves granting to disregard some of the arrear rental. A landlord cannot take the law into her/his own hands whenever a resident halts paying for due rentals.
Tenants Not Paying Rent
Property managers in Clarkes should stay away from such unlawful actions as locking the occupant out or disengaging services like water or electricity. That it is in landlords best interests never the less to terminate the lease and evict the defaulting lessees immediately as the key concern ought to be to removed and replace a non-paying tenant with a paying resident.
Getting Tenants Out
Property managers who fail to carry an eviction request in good time or observe the correct legal process may need to survive a prolonged and very expensive process.
Lease Agreements
A good lease should have a breach provision with it detailing the implications of breaching any one of the terms of the lease. It is then up to you just how much leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. More significantly a landlord must prove to a law court that there is and/or will be serious personal injury to individuals (this can consist of the wrongful inhabitants themselves) or else damages to property if the order is not awarded. The emergency eviction is so powerful, that it enables the recalcitrant lessee or the prohibited occupier to get ordered by the court to vacate the home in less than 1 day, neglecting which the officer of the court is allowed to purposely remove the unlawful inhabitant off the property.
Time & Cost of Evictions
Since an occupant might choose to clear a home at just about any phase through the eviction proceeding, the price can considerably vary with every circumstance. The rental debts recuperation process is frequently launched along with, and works in conjunction to the application for legal eviction procedure.
Landlords Rights
Even though a firm lease agreement streamlines eviction steps, the lack of a lease agreement doesn’t necessarily mean that unauthorised tenants can’t be evicted. Read more about property owners rights here.
Required Documents
The initial step would certainly be normally to find the signatured lease arrangement from the homeowner and facts of the contraventions of the tenant. In the event of the tenant cannot pay for rental, comprehensive particulars of the delinquencies have to be provided by the client.
Seek eviction advice from Cape Town's renowned Clarkes Evictions attorneys. Get fast legal eviction notices from Rubensteins Attorneys.
Eviction Order Lawyers for Clarkes in Cape Town
Founded in 2008, Rubensteins Attorneys quickly became one of the leading law firms in Cape Town. Our aim is on providing the absolute best law assistance for our valued clients. All these include company and commercial to civil and criminal lawsuits, labour issues, business or family dispute resolutions, family law as well as property matters. Regardless of just how demanding or intricate the decree, we will supply crystal clear, pragmatic & commercially-sensible legal services advice.
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.
