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 professionals in immediate eviction orders in Cape Town. An eviction counselor is expert that specialises in eviction policy and can concentrate on oftentimes serving to help proprietors in Bethanie to remove renters or protecting renters from unlawful eviction. Just to evict an unlawful occupier from domestic property, the process in relations to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be adhered to. Fundamentally, the owner needs to get a written order to evict an un-lawful occupier. The sections 4 to 6 in the Act provides for procedure in the event of evictions, including with regard to immediate eviction.
Tenants Not Paying Rent
The obligations of lessees and also lessors are protected in statutory, as well as non-statutory legislation in South Africa. That it is in property owners best interests none the less to revoke the lease and evict the defaulting occupants as soon as possible as the top priority must be to replace a delinquent lessee with a paying resident.
Getting Tenants Out
Even though many of us can’t imagine a circumstance emerging where the renter not only decides not to pay the rent, but furthermore decides not to leave.
Lease Agreements
Your lease agreement needs to have a delinquency stipulation in it outlining the consequences of breaching any one of the terms of the lease. It is then up to you the amount of leniency you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. More importantly an individual has to prove to a judge that there is and or would be significant injury to people (this might consist of the unlawful occupiers themselves) alternatively damages to residential or commercial property should the request does not get granted. The immediate eviction is so powerful, that it offsets the defiant resident or the unlawful occupant to be ordered by the judge to leave the residential or commercial property within 24h, neglecting which the officer of the court is authorised to emphatically dislodge the wrongful tenant from the property.
Time & Cost of Evictions
Since an lessee may choose to clear a house at just about any stage throughout the eviction procedure, the outlay can dramatically vary with scenarios. The rental fee arrears retrieval process is ordinarily initiated along with, and operates in line with the application of the legal eviction proceeding.
Landlords Rights
Although a solid lease agreement reduces eviction steps, the absence thereof does not imply that an illegal occupants can’t be dislodged. See more about landlords rights and duties here.
Required Documents
The start would certainly be normally to obtain the signatured lease arrangement from the applicant and specifics of the transgressions of the tenant. In the event of the lessee fails to pay for rent, complete details of the arrears should be supplied by the client.
Bethanie Evictions The Expert Eviction Lawyer in Cape Town
Eviction attorney in Bethanie. Looking for eviction advice? Consult Bethanie Evictions, a leading eviction lawyer in Cape Town. Trust Rubensteins Attorneys for expert assistance in fast and effective legal eviction notices for landlords and property owners.
Eviction Order Lawyers for Bethanie in Cape Town
Founded in 2008, Rubensteins Attorneys rapidly turned into one of the top legal solutions firms in Cape Town. All evictions are managed by Rubensteins Attorneys who is a highly competent an skilled litigation attorneys with a thorough understanding of eviction laws in Cape Town and South Africa. Rubensteins hold many successful legal evictions under their belt, for residential as well as corporate clients. Our firm in Bethanie undertakes to achieve some of the most affordable and effective handling of your problems. We aspire to build lasting and ultimately meaningful relationships with our clients, to commit to them and ultimately be an instrument of their progression & their successes.
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.
