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 legal advisers specialises in critical eviction notices in Cape Town. Your house could be an income-earning asset to anyone, however to your renters it is their home. So what do you do as your lessee does not pay the rental fee and winds up in breach of the lease agreement? Just to evict an illegal tenant from non commercial property, the process in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be abided by. Primarily, the lessor needs to obtain a court order to expel an un-lawful occupier. The sections 4 to 6 of the Land Act provides for procedure in case of ejections, including when it comes to urgent eviction.
Tenants Not Paying Rent
If demands all fail and the lessee still won’t pay, obtain an eviction lawyer. At the earliest possible opportunity record a tenant-landlord complaint in court. That it is in property owners best interests nonetheless to terminate the lease and evict the defaulting tenants without delay as the top priority ought to be to removed and replace a delinquent occupant with a paying renter.
Getting Tenants Out
An unauthorized tenant might visit the court hearing on the day the case is considered and defend himself if he believes the eviction unwarranted.
Lease Agreements
Even-though it is not a official requirement to have a recorded lease arrangement, it’s ardently recommended. The contract will outline each of the terms and conditions– for each of the individuals– of the tenancy. It grants safeguard to both lessor and lessee in the circumstance of any individual breaking their commitments.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction proceedings. Most notably a lessor needs to show a magistrate that there actually is and would be significant injury to people (this might include the unauthorised occupants themselves) or destruction to property in the event that the order does not get approved. The emergency eviction is actually so formidable, that it offsets the defiant tenant or the wrongful occupant being ordered by the court to leave the building in less than 24 hours, failing which the officer of the court is allowed to forcefully evict the unlawful inhabitant off the residential property.
Time & Cost of Evictions
Since an lessee can opt to clear a residential property at just about any time during the eviction procedure, the outlay can significantly differ with every circumstance. The rent arrears retrieval processes is frequently set in motion along with, and works in conjunction to the application for the legal eviction proceeding.
Landlords Rights
Even though a solid lease agreement shortens eviction practices, the absence of a lease does not necessarily mean that unlawful tenants can not be removed. Read more about property owners rights and duties here.
Required Documents
The first step would certainly be to secure the signatured lease contract commitment from the applicant and details of the transgressions of the renter. In the event that the occupant fails to pay rent, comprehensive particulars of the arrears needs to be given by the lessor.
Eviction lawyer in Cape Town. Looking for eviction advice in Cape Town? Seek expert help from Rubensteins Attorneys, Southfork Evictions specialists. Get fast legal eviction notices from experienced lawyers.
Eviction Notice Lawyers for Southfork in Cape Town
Established in 2008, Rubensteins Attorneys is fast turning into one of the major law firms in Cape Town. All evictions are handled by Rubensteins Attorneys who is a exceptionally competent an adept litigation attorneys with a exhaustive understanding of eviction laws in Cape Town. Rubensteins come with many successful legal evictions in their portfolio, for both civil along with business clients. Each of our clients gain from our exceptional experience in all key areas of the law. At Rubensteins we have fostered a collaborative culture, where our team support each other to attain the most effective 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.
