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 assistance and representation concerning a wide range of eviction associated difficulties. In cases where an eviction lawyer or attorney is agent for a landlord, she / he will ordinarily prepare his client as to if he/she has justifications to evict the occupant and after that get ready, submit, and serve the eviction documentations and represent his or her property owner in court. Evictions in relations to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
Among the largest concerns is when lessees that do not pay the rent and the subsequent expulsion of the lessees. Generally there is virtually nothing to stop a lessor from issuing a command for the payable rent after the renter has actually been removed.
Getting Tenants Out
Although many of us cannot imagine a position happening wherein the occupant not only chooses not to pay the rent, but also decides not to move out.
Lease Agreements
Having a solid lease ought to contain a breach stipulation with it describing the consequences of breaching any one of the terms of the lease contract. It is up to the landlord just how much leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Most importantly a property owner has to show a judge that there is and/or will likely be considerable injury to individuals (this might incorporate the unlawful occupants themselves) alternatively destruction to residential or commercial property should the request is not granted. The emergency eviction is so effective, that it offsets the unwilling lessee or the wrongful inhabitant being ordered by the court to move out of the home in less than 24 hours, neglecting which the officer of the court is authorised to forcefully dislodge the prohibited occupier from the property.
Time & Cost of Evictions
To evict a occupant in Somerset West under legal standing, optimal way to lower costs and losses is to operate swiftly and properly whilst preventing avoidable delays. The rent payment and loss recuperation process is often instituted along with, and works in conjunction to the application of the legal eviction process.
Landlords Rights
Regardless of the fact that a solid lease contract simplifies eviction processes, the absence thereof doesn’t imply that unlawful tenants can’t be dislodged. Read more about lease-holders rights & duties here.
Required Documents
The first step would certainly be normally to get the subscribed lease contract arrangement from the client and facts of the contraventions of the renter. In the event that the occupant cannot pay rent, complete details of the arrears must be supplied by the client.
Seeking eviction advice in Greenway Rise, Cape Town? Rubensteins Attorneys, the trusted experts in fast legal eviction notices for landlords and property owners.
Eviction Notice Attorneys for Greenway Rise in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly turning into one of the most popular law firms in Cape Town. Having already built a track record for efficiency, Rubensteins is marked in the profession by its devotion to its clients, as well as its ability to discover productive and original answers to even some of the most complex of legal issues. Our clients benefit from our considerable experience with all key specialties of the law. Our goal is to go above and beyond, to surpass expectations and to put our clients requirements above all else.
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.
