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.
We pride our lawyers can help with all types of eviction concerns in Atlantis Industrial. With regard to evictions, some of the most important factor is to halt the financial haemorrhaging. In regards to the Constitution of South Africa, Nobody can be removed from their household, or have their home knocked down, without having an order of court made after taking into account each of the related circumstances. No regulations may authorise irresponsible evictions.” PIE lays out the procedure to be followed when it comes to such removals.
Tenants Not Paying Rent
Property owners in Atlantis Industrial must avoid such unlawful activities as replacing locks, or locking the renter out or disconnecting services. There is nothing to stop a lessor from dispatching a command for the past due rent after the renter has actually been removed.
Getting Tenants Out
Delays arising from postponed action or incorrect legal steps often results in added legal services costs, loss of rental cash flow and amplified risk of damage to the building.
Lease Agreements
Even though it isn’t a official prerequisite to possess a documented lease agreement, it’s highly recommended. The lease must define all the terms– for both equally parties– of the occupancy. The lease agreement ensures security to both property owner and occupant in case of either one individual defaulting on their duties.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most significantly a landlord will need to demonstrate to a judge that there is and or will be serious personal injury to people (that could involve the wrongful tenants themselves) or even destruction to residential or commercial property in case that the order does not get approved. An urgent eviction is actually so formidable, that it offsets the recalcitrant tenant or the wrongful occupier to get commanded by the law court to leave the building inside 24 hours, failing which the sheriff of the court is authorised to purposely remove the unauthorised inhabitant from the residential property.
Time & Cost of Evictions
Since an tenant could elect to clear a residential or commercial property at virtually any phase during the eviction process, the expense can greatly fluctuate with scenarios. The rental fee arrears retrieval process is frequently begun along with, and works in conjunction to the application for the eviction process.
Landlords Rights
Even though a concrete rental agreement reduces eviction processes, the lack thereof does not necessarily mean that unauthorised occupants can’t be evicted. Read more about landlords rights here.
Required Documents
The very first step would certainly be to get the signatured lease contract commitment from the home-owner and particulars of the infringements of the resident. In the event that the lessee cannot compensate rental, complete specifications of the delinquencies must be provided by the client.
Need eviction help in Atlantis? Rubensteins Attorneys are the go-to experts for fast legal eviction notices. Contact our skilled lawyers today!
Eviction Notice Lawyers for Atlantis Industrial in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly becoming one of the top law firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who are a highly skilled an accomplished litigation attorneys with a comprehensive understanding of eviction laws in Cape Town and South Africa. Rubensteins come with numerous successful eviction cases under their belt, for residential in addition to commercial clients. These include corporate & commercial to civil and criminal lawsuits, labor problems, family or business dispute resolutions, divorce law in addition to property matters. Our intention is to go above and beyond, to rise above expectations and to put our valued clients requirements above everything 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.
