TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
Step 1.
Letter of Demand
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 lawyers specialises in immediate eviction notifications in Cape Town. Try to get offending renters out as quickly as is possible – even if it involves offering to mark down some of the outstanding rental. If you want to evict an illegal inhabitant from domestic property, the process in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be complied with. In essence, the owner will have to obtain a written order to dislodge an un-lawful occupier. Sections 4 to 6 of the Act provide for process incase of evictions, including for immediate eviction.
Tenants Not Paying Rent
One of the biggest problems is that of lessees which do not pay the rental & the consecutive eviction of the tenants. Of course, there is virtually nothing to stop a proprietor from putting out a command for the past due rental immediately after the occupant has actually been evicted.
Getting Tenants Out
An wrongful occupier can easily go to the courtroom hearing on the day it is set down and fight for himself if he believe that the eviction unjustified.
Lease Agreements
A good lease should hold a delinquency provision in it detailing the effects of breaching one of the terms of the lease agreement. It is up to the owner what amount of lenience you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very notably a lessor must explain to a judge that there is and/or will be serious personal injury to individuals (that can include the unauthorised inhabitants themselves) or else damages to residential or commercial property if the order does not get approved. The urgent eviction is actually so formidable, that it enables the defiant resident or the unlawful occupant to be ordered by the law court to leave the building inside of 1 day, declining which the sheriff of the court is mandated to emphatically evict the wrongful resident off the residential or commercial property.
Time & Cost of Evictions
In order to expel a leaseholder in Durbanville legitimately, the most effective way to significantly lower expenses and losses is to operate speedily and appropriately whilst avoiding unnecessary setbacks. The rent payment and loss recovery processes is in most cases launched alongside, and operates in line with the application of the legal eviction plan.
Landlords Rights
Although a firm rental legal contract simplifies eviction processes, the lack of a lease does not suggest that an unlawful tenants can’t be dislodged. See more about property owners rights and duties here.
Required Documents
The start would be normally to secure the signatured lease contract arrangement from the homeowner and specifics of the breaches of the renter. In the event of the lessee cannot pay for rental, comprehensive specifics of the debts needs to be provided by the landlord.
Aurora Evictions - Need fast and reliable eviction advice in Cape Town? Consult Rubensteins Attorneys, the experts in legal eviction notices for landlords and property owners in Aurora Evictions. Seek their expertise today!
Eviction Order Lawyers for Aurora in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly turning into one of the top attorneys in Cape Town. All evictions are managed by Rubensteins Attorneys who are a highly skilled an adept litigation attorneys with a thorough knowledge of eviction laws in Cape Town. Rubensteins have many successful lawful evictions in their portfolio, for residential along with corporate and business clients. All these involve corporate and commercial to criminal & civil lawsuits, labor problems, family or business dispute resolution, family law together with property dealings. Irrespective of just how daunting or complicated the decree, we will give crystal clear, efficient 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.
