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 advisors will be able to support you to tackle evictions appropriately. Residential property operators as well as lessors have to make sure to lawfully evict a non-paying renter and never ever resort to tactics that overstep the lawful evacuation of renters. In essence, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act provides processes for eviction of unlawful occupants and restrains unlawful evictions. The basic objective of the Act is simply to protect both tenants and home owners. The owner or lessor needs to comply with the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the event that they need to evict a renter.
Tenants Not Paying Rent
But exactly what should you do if the resident simply stops paying their rent, and also it eventually becomes clear that she or he has zero plan of compensating? It really is in landlords best interests never the less to terminate the lease and evict the non paying occupants asap as the top priority must be to removed and replace a delinquent tenant with a paying resident.
Getting Tenants Out
An unauthorized resident can easily show up at the courtroom hearing on the day the case is set down and protest the process themselves if they believe that the eviction unjustified.
Lease Agreements
Having a secure lease contract needs to have a contravention proviso with it laying out the consequences of breaching one of the stipulations of the lease contract. It is up to the owner just how much leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. More notably an individual has to demonstrate to a judge that there actually is and will likely be considerable personal injury to people (this could include the wrongful tenants themselves) or destruction to residential or commercial property should the court order is not awarded. An emergency eviction is so powerful, that it enables the defiant tenant or the illegal occupier to get ordered by the court to leave the residential or commercial property in less than 24 hours, neglecting which the officer of the court is mandated to purposely dislodge the prohibited tenant off the house.
Time & Cost of Evictions
Considering that an lessee can decide to retract from a house at virtually any time during the eviction proceeding, the price can drastically fluctuate with circumstances. The rental arrears recovery processes is frequently started hand and hand, and operates in line with the application of the eviction plan.
Landlords Rights
Even-though a strong rental agreement simplifies eviction steps, the lack of a lease does not suggest that an unlawful occupants can not be removed. See more about lease-holders rights & duties here.
Required Documents
The first step would be normally to find the acknowledged lease contract commitment from the client and facts of the breaches of the renter. In case of the occupant cannot pay for rental, comprehensive specifications of the arrears must be provided by the client.
Legal Eviction Assistance in Cape Town Adriaanse Evictions
Adriaanse Evictions : Looking for eviction advice from experienced attorneys in Cape Town? Turn to Rubensteins Attorneys for fast legal eviction notices. Trust our expertise as property owners or landlords seeking help with eviction.
Eviction Order Lawyers for Adriaanse in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly turning into one of the leading attorneys in Cape Town. Our primary focus is on giving the absolute best legal advice for our clients. All these also include company and commercial to criminal and civil litigation, labour issues, business or family conflict resolutions, family law in addition to property transactions. Regardless of how daunting and / or complicated the mandate, we will certainly supply clear, pragmatic and commercially-sound legal advice.
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.
