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 counsels can easily guide you to carry out evictions smoothly. Your home or business may likely be an income-earning asset to anyone, however to your lessees it is their home. So exactly what does one do the moment your lessee cannot pay the rental and lands up in contravention of the contract commitment? In summing-up, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) supplies operations for eviction of illegal tenants and prohibits illegal evictions. The main objective of the Act is to safeguard both occupants and landlords. The home owner or landlord needs to comply with the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they want to force out a lessee.
Tenants Not Paying Rent
The accountabilities of tenants along with property owners are included in statutory, as well as non-statutory law in South Africa. It resides in landlords primary interests never the less to terminate the lease and evict the defaulting lessees without delay as the priority should be to replace a non-paying lessee with a paying leaseholder.
Getting Tenants Out
Property owners that fail to carry an eviction application in good time or comply with the appropriate legal process may well have to endure a lengthy and very expensive procedure.
Lease Agreements
Though it isn’t a official prerequisite to possess a recorded lease, it is strongly recommended. The lease ought to spell out each of the terms and conditions– for each of the parties– of the occupancy. The lease contract offers safeguards to both landlord and renter in the event of either party defaulting on their responsibilities.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most significantly a landlord has to prove to a court of law that there actually is and will likely be serious personal injury to individuals (this may involve the unlawful occupants themselves) alternatively damage to residential or commercial property if the order is not awarded. The emergency eviction is actually so formidable, that it enables the defiant resident or the prohibited occupier being required by the judge to move out of the residential or commercial property within 24h, failing which the officer of the court is authorised to emphatically evict the unlawful occupier off the estate.
Time & Cost of Evictions
To evict a leaseholder in Cape Town legitimately, the best way to minimise expenses and ultimately losses is to operate swiftly and appropriately while steering clear of unnecessary postponements. The rental and loss recuperation processes is in most cases launched in addition to, and functions in combination to the application of the legal eviction procedure.
Landlords Rights
Even-though a solid rental agreement simplifies eviction processes, the lack of a lease agreement doesn’t necessarily suggest that unauthorised residents cannot be evicted. Find out more about lease-holders rights here.
Required Documents
The initial step would be normally to obtain the subscribed rental commitment from the client and facts of the transgressions of the resident. In case that the lessee cannot pay out rent, complete particulars of the arrears must be supplied by the client.
Seeking eviction advice in Bantry Bay? Turn to Rubensteins Attorneys, Cape Town's experts in fast legal eviction notices.
Eviction Order Attorneys for Bantry Bay in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the leading law firms in Cape Town. Having indeed acquired a reputation for efficiency, Rubensteins is distinguished in its own industry by its commitment to its customers, and also its competency to discover inspired and original approaches to even some of the most complex of law challenges. All of our clients gain from our extensive expertise in all key fields of local law. Our aim is to go above and beyond, to rise above expectations and to put our clients needs foremost.
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.
