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 firms eviction legal representatives specialises in immediate eviction orders in Cape Town. Commercial property proprietors as well as landlords must be sure to lawfully evict a non-paying resident and never ever consider techniques that conflict the lawful expulsion of tenants. Our specialist eviction attorneys are familiar with the PIE Act plus the conditions of our regional courts and mechanisms that tackle evictions & rent collections.
Tenants Not Paying Rent
The engagements of lessees together with lessors are addressed in statutory, and non-statutory legislation in Southern Africa. That it is in lessors best interests none the less to cancel the lease and evict the non paying tenants as soon as possible as the top priority should be to switch a delinquent occupant with a paying leaseholder.
Getting Tenants Out
Even though many of us can not envision a circumstance occurring where the lessee not only chooses not to settle the rent, but also decides not to leave.
Lease Agreements
Though it isn’t a judicial condition to possess a recorded lease contract, it is definitely advocated. The lease will illustrate all of the terms and conditions– for both equally parties– of the tenancy. It gives safeguard to both of landlord and tenant in case of either one party breaking their commitments.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. More notably an individual has to prove to a magistrate that there certainly is and/or will be substantial injury to individuals (this might include the wrongful occupiers themselves) or even damages to residential or commercial property should the order does not get awarded. An emergency eviction is so compelling, that it offsets the recalcitrant lessee or the wrongful occupant to be commanded by the judge to leave the residential property inside 1 day, neglecting which the officer of the court is authorised to emphatically dislodge the unlawful inhabitant off the residential or commercial property.
Time & Cost of Evictions
Considering that an occupant might opt to clear a residential property at almost any phase during the eviction proceeding, the costs can greatly fluctuate with scenarios. The rent payment and loss recovery processes is typically started along with, and functions in conjunction to the application of the legal eviction procedure.
Landlords Rights
Although a sound lease contract simplifies eviction practices, the lack of a lease doesn’t necessarily suggest that unauthorised occupants cannot be subject to an eviction. Find out more about lease-holders rights here.
Required Documents
The start would certainly be normally to secure the signatured lease arrangement from the applicant and specifics of the transgressions of the renter. In the event of the lessee fails to pay for rental, comprehensive particulars of the delinquencies must be supplied by the client.
Evictions in Kommetjie Estates Cape Town Attorneys
Kommetjie eviction lawyer. Looking for eviction advice? As property owners in Kommetjie Estates, Cape Town, Rubensteins Attorneys are your expert lawyers in fast legal eviction notices. Contact us for top-notch assistance.
Eviction Order Lawyers for Kommetjie Estates in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the most popular law firms in Cape Town. Having indeed acquired a track record for efficiency, Rubensteins is recognised in its own profession by its allegiance to its clients, and also its ability to find productive and innovative solutions to even the most complex of law situations. These include corporate & commercial to civil and criminal litigation, labor problems, family or business dispute resolutions, divorce law as well as property matters. We have refined a synergistic ethos, where our team help one another to accomplish the most effective 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.
