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 practitioners can assist you to tackle evictions smoothly. Eviction, also distinguished in some locations as an un-lawful detainer, can be a formidable procedure to direct. Evictions in relations to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
Some of the biggest concerns is wherein occupants which do not pay the rental and the sub-sequential eviction of the lessees. There certainly is nothing to prevent a property owner from dispatching a call for the unpaid rental after the renter has been extruded.
Getting Tenants Out
Delays resulting from postponed action or improper legal approaches commonly generates more legal services costs, loss of rental cash flow and amplified risk of damages to the residential or commercial property.
Lease Agreements
Even though it is not regarded a judicial criteria to have a drafted lease contract, it’s definitely recommended. The contract should spell out all the terms– for both the parties– of the tenancy. The lease contract gives protection to simultaneously lessor and tenant in the event of either one individual breaking their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. More significantly an individual must show a court of law that there actually is and or will be considerable personal injury to people (that may include the unauthorised occupiers themselves) or even destruction to property should the request does not get approved. An urgent eviction is actually so compelling, that it offsets the recalcitrant tenant or the unlawful inhabitant to be commanded by the court to leave the home inside 1 day, neglecting which the officer of the court is mandated to purposely remove the prohibited resident off the residential or commercial property.
Time & Cost of Evictions
To expel a leaseholder in Mitchells Plain under legal standing, the best way to reduce expenses and inevitably losses is to operate swiftly and appropriately while preventing unnecessary setbacks. The rental payment and loss recuperation process is usually started hand and hand, and functions in conjunction to the application of the eviction plan.
Landlords Rights
Although a firm rental agreement reduces eviction procedures, the lack of a lease doesn’t suggest that unlawful tenants can’t be removed. Find out more about landlords rights & duties here.
Required Documents
The start should be to find the signatured lease agreement from the property owner and specifics of the transgressions of the renter. In case that the occupant cannot pay rental, full specifics of the debts should be given by the client.
Eastridge eviction help. Looking for eviction advice? Consult Eastridge Evictions Cape Town for fast legal eviction notices from Rubensteins Attorneys, experts in assisting landlords and property owners.
Eviction Notice Lawyers for Eastridge in Cape Town
Established in 2008, Rubensteins Attorneys fast became one of the most popular legal solutions firms in Cape Town. Our main focus is on ensuring the absolute best legal assistance for our valued clients. Each of our clients benefit from our considerable experience in all key subject fields of the law. We have cultivated a synergistic ethos, wherein our team help each other to achieve the best 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.
