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.
For more information on exactly how our company may assist you with evictions, feel free to get in touch with our eviction specialists. In most residences, eviction, specifically a real estate eviction, is often regarded as being a very substantial matter. For you to evict an wrongful occupier from domestic property, the process in relations to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be complied with. Basically, the property owner needs to obtain a legal order to remove an unlawful occupier. Sections 4 to 6 of the Land Act provide for procedure in case of evictions, including for urgent eviction.
Tenants Not Paying Rent
If all else fails and the occupant still won’t pay, secure an eviction lawyer. On the first feasible opportunity docket a tenant-landlord grievance in a local court. There certainly is virtually nothing to prevent a property owner from dispatching a command for the overdue rental payment after the renter has been evicted.
Getting Tenants Out
Even though a number of us cannot envision a circumstance emerging wherein the resident not only decides not to pay for the rent, yet also refuses to leave.
Lease Agreements
A good lease contract needs to hold a infringement section in it outlining the implications of breaching any of the conditions of the lease contract. It is then up to you just how much leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. Most notably one needs to demonstrate to a court that there is and will likely be substantial injury to persons (that can consist of the unauthorised occupiers themselves) or else damages to the property in case that the order does not get approved. An emergency eviction is so compelling, that it allows for the recalcitrant lessee or the wrongful occupant being demanded by the law court to leave the building inside 24h, declining which the officer of the court is mandated to forcefully remove the unlawful inhabitant from the residential or commercial property.
Time & Cost of Evictions
As an lessee might opt to retract from a house at pretty much any point throughout the eviction proceeding, the price can dramatically fluctuate with every circumstance. The rental fee debts recovery processes is often begun in addition to, and works in combination to the application for eviction plan.
Landlords Rights
Though a solid rental agreement reduces eviction practices, the lack of a lease doesn’t imply that an illegal tenants can’t be removed. Read more about landlords duties and rights here.
Required Documents
The initial step should be usually to get the signed lease agreement from the home-owner and facts of the noncompliance of the renter. In the event of the tenant cannot pay out rent, full particulars of the delinquencies should be given by the property owner.
Big Bay Evictions : Looking for eviction advice as a landlord or property owner in Cape Town? Contact Rubensteins Attorneys, the experts in fast and lawful eviction notices at Big Bay Evictions Lawful Eviction.
Eviction Attorneys for Big Bay in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the leading legal in Cape Town. Our aim is on offering the absolute best law advice to our clients. Each of our clients benefit from our extensive knowledge in all key fields of the law. We try to build long-lasting and meaningful associations with our clients, to invest in their legal issues and ultimately be an instrument of their progression & their success.
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.
