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 firms eviction lawyers are experts in immediate eviction notifications in Cape Town. Get tardy occupants out as quickly as is possible – even if it means offering to give up a amount of the outstanding rental revenue. In relations to the Constitution of South Africa, No individual can be kicked out from their house, or have their home destroyed, without an order of a South African court made after considering all the applicable circumstances. No regulations could authorise arbitrary evictions.” PIE creates the procedure to be abided by in the case of these kinds of evictions.
Tenants Not Paying Rent
Exactly what must you do whenever a leaseholder refrains from paying due rent? Instruct an legal professional to begin eviction process? Obtain a debt ruling? Alternatively get to an agreement with the lessee which permits her or him to repay what you are owed? That it is in property owners best interests however to terminate the lease and evict the non paying residents quickly as the top priority ought to be to switch a non-paying lessee with a paying lessee.
Getting Tenants Out
Though many of us can not imagine a position arising where the renter not only chooses not to pay for the rent, but also decides not to move out.
Lease Agreements
A lease contract ought to contain a noncompliance condition in it outlining the implications of breaching any of the stipulations of the lease. It is up to you just how much leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. More notably an individual needs to prove to a court that there actually is and/or will likely be considerable personal injury to persons (this can involve the unauthorised inhabitants themselves) or else destruction to the property in the event that the order is not approved. An urgent eviction is so compelling, that it enables the defiant tenant or the prohibited occupant to be ordered by the judge to leave the building inside 1 day, declining which the sheriff of the court is allowed to emphatically evict the unlawful inhabitant from the residential property.
Time & Cost of Evictions
As an occupant can decide to vacate a house at pretty much any phase through the eviction procedure, the price can substantially fluctuate with every circumstance. The rent arrears recovery procedure is normally instituted along with, and runs in combination to the application of the legal eviction procedure.
Landlords Rights
Even-though a strong lease agreement streamlines eviction process, the absence thereof does not necessarily mean that an unlawful residents cannot be dislodged. Read more about property owners rights & duties here.
Required Documents
The start will be to find the signatured lease contract arrangement from the client and facts of the contraventions of the lessee. In case of the tenant fails to pay rental, comprehensive specifics of the debts should be presented by the client.
Fast legal eviction advice in BelAire, Cape Town. Trust Rubensteins Attorneys, the experts landlords and property owners need for swift, efficient eviction proceedings.
Eviction Notice Attorneys for Bel Aire in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the leading law firms in Cape Town. Having indeed established a track record for excellence, Rubensteins is marked in its industry by its devotion to its customers, as well as its capacity to find productive and original answers to even the most complex of law challenges. Each of our clients gain from our extensive competence with all key specialties of South African legislation. Notwithstanding of just how demanding or complicated the mandate, we will give crystal clear, efficient and commercially-sensible 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.
