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.
As practitioner residential property attorneys in Airlie, (Cape Town) we defend property owners, residential or commercial property administrators and leasing brokers relating to lessee disputes and evictions. In the event that an eviction attorney is agent for a property manager, she / he may usually prepare his/her property owner about whether or not the individual has justifications to evict the renter and thereafter prepare, submit, and serve the eviction records and represent his client in court. Home evictions are undertaken in terms of either PIE or ESTA. Opting for the wrong Act will definitely lead to failure, notwithstanding of the worthiness of the case.
Tenants Not Paying Rent
Landlords in Airlie must stay clear of such unlawful actions as locking the lessee out or disengaging services. That it resides in property managers best interests none the less to revoke the lease and evict the defaulting residents asap as the key concern should be to replace a non-paying occupant with a paying resident.
Getting Tenants Out
Although many of us cannot imagine a circumstance emerging wherein the resident not only chooses not to produce the rent, yet also refuses to leave.
Lease Agreements
Even-though it is not a judicial condition to have a written lease arrangement, it is definitely recommended. The lease agreement will define all the conditions– for both of these parties– of the occupancy. It ensures protection to both lessor and lessee in case of either one party reneging on their obligations.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. More significantly a lessor needs to demonstrate to a magistrate that there actually is and/or will likely be serious injury to individuals (that may consist of the unauthorised inhabitants themselves) or even damages to residential or commercial property in the event that the order does not get awarded. An immediate eviction is so compelling, that it offsets the recalcitrant lessee or the illegal inhabitant being ordered by the law court to vacate the residential property within 24 hours, neglecting which the officer of the court is mandated to forcefully evict the illegal occupier from the residential property.
Time & Cost of Evictions
In order to evict a resident in Cape Town under legal standing, the most effective way to minimise costs and losses is to operate swiftly and appropriately whilst avoiding avoidable delays. The rental fee debts retrieval procedure is frequently initiated alongside, and functions in combination to the application of the eviction procedure.
Landlords Rights
Regardless of the fact that a iron clad lease legal contract streamlines eviction steps, the lack of a lease agreement doesn’t suggest that an unlawful residents can’t be evicted. Read more about lease-holders rights here.
Required Documents
The first step will be normally to obtain the subscribed rental agreement from the property owner and details of the transgressions of the tenant. In case of the lessee cannot pay for rental, comprehensive details of the arrears needs to be supplied by the client.
Airlie eviction help. Looking for eviction advice? Contact Airlie Evictions, the expert attorneys in Cape Town. Rubensteins Attorneys specialise in fast, legal eviction notices for landlords and property owners.
Eviction Attorneys for Airlie in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the most popular legal services firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who is a highly proficient an skilled litigation attorneys with a detailed knowledge of eviction laws in South Africa. Rubensteins come with many successful evictions in their past record, for both residential and also corporate and business clients. Each of our clients gain from our exceptional expertise with all key fields of local law. Regardless of how challenging and / or complicated the decree, we will provide clear, pragmatic & commercially-sound legal services 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.
