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.
Legal services insight and representation on a range of eviction related problems. Try to get delinquent tenants out as swiftly as possible – whether or not it means granting to give up a amount of the arrear rental income. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa that came into effect on 5 June, 1998, and which sets out to avoid arbitrary eviction issues.
Tenants Not Paying Rent
But what would you do if the lessee simply ends paying their rent, and also it eventually becomes obvious that he or she has no plan of paying? That it is in lessors primary interests nonetheless to revoke the lease and evict the defaulting tenants as soon as possible as the top priority should be to replace a non-paying tenant with a paying leaseholder.
Getting Tenants Out
An wrongful tenant will be able to show up at the courtroom hearing on the day it is considered and dispute the process himself if he believe the eviction is unreasonable.
Lease Agreements
Whilst it is not deemed a official requirement to possess a recorded lease contract, it is definitely advocated. The lease contract will outline each of the details– for both equally parties– of the occupancy. It gives security to both of landlord and renter in case of any party defaulting on their commitments.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. Very notably a lessor needs to explain to a court that there certainly is and will likely be serious injury to individuals (this might involve the wrongful occupiers themselves) or even destruction to the property in case that the order does not get approved. The immediate eviction is so powerful, that it allows for the recalcitrant resident or the wrongful occupier being commanded by the law court to abandon the residential property within 24h, neglecting which the officer of the court is allowed to emphatically remove the prohibited inhabitant from the estate.
Time & Cost of Evictions
As an occupant could elect to clear a property at any phase during the eviction proceeding, the expense can significantly fluctuate with each situation. The rental fee and loss recovery process is usually launched hand and hand, and functions in line with the application for the legal eviction process.
Landlords Rights
Regardless of the fact that a strong rental contract simplifies eviction steps, the lack of a lease agreement does not imply that unlawful tenants can’t be evicted. See more about lease-holders rights and duties here.
Required Documents
The very first step will be normally to attain the signed lease contract arrangement from the client and specifics of the transgressions of the tenant. In the event of the occupant fails to pay out rental, full specifics of the debts should be provided by the lessor.
Westgate Evictions : Get eviction advice from expert attorneys at Rubensteins Attorneys in Westgate, Cape Town. Specialists in fast legal eviction notices for landlords and property owners. Contact us today.
Eviction Lawyers for Westgate in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the most popular law firms in Cape Town. Our focus is on providing the absolute best law guidance for our valued clients. Our legal firm in Westgate resolves to achieve some of the most cost effective and efficient approach to your legal matters. We try to make lasting and ultimately meaningful partnerships with our clients, to commit to them and be a part of their progression & their successes.
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.
