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.
We pride our lawyers can help with any eviction issues in Blue Downs. Eviction, also distinguished in a few regions as an un-lawful detainer, can be a tricky process to understand. Our representative eviction legal representatives are acquainted with the PIE Act as well as the guidelines in regards to our local courts and techniques which handle evictions & local rental recoveries.
Tenants Not Paying Rent
One of the major issues is that of lessees which do not pay the rental and the following expulsion of the lessees. It resides in landlords best interests however to revoke the lease and evict the non paying residents quickly as the top priority should be to switch a delinquent occupant with a paying tenant.
Getting Tenants Out
Problems resulting from prolonged action or misguided legal procedures oftentimes generates added legal services costs, loss of rental revenue and increased risk of damage to the residential or commercial property.
Lease Agreements
Writing a solid lease agreement must contain a delinquency section with it describing the repercussions of breaching any of the stipulations of the lease agreement. It is up to the owner what amount of leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very notably one has to show a magistrate that there actually is and/or would be substantial injury to persons (that could incorporate the wrongful occupiers themselves) or else damages to residential or commercial property in the event that the order does not get approved. An urgent eviction is actually so effective, that it enables the recalcitrant resident or the wrongful occupant to be ordered by the judge to abandon the home inside of 24h, declining which the officer of the court is permitted to purposely dislodge the unauthorised tenant from the residential property.
Time & Cost of Evictions
Since an resident can elect to part with a house at just about any time during the eviction procedure, the outlay can substantially vary with circumstances. The rent payment arrears recuperation process is generally instituted hand and hand, and functions in conjunction to the application for the legal eviction proceeding.
Landlords Rights
Despite the fact that a strong rental legal contract simplifies eviction process, the absence of a lease does not necessarily mean that an illegal occupants can’t be subject to an eviction. Read more about landlords duties & rights here.
Required Documents
The initial step will be usually to attain the acknowledged rental agreement from the client and facts of the transgressions of the lessee. In case of the lessee fails to pay out rental, comprehensive specifics of the arrears must be provided by the lessor.
Blue Downs Evictions : Are you a landlord or property owner in Blue Downs seeking eviction advice? Contact Rubensteins Attorneys, the experts in fast and legal eviction notices in Cape Town.
Eviction Notice Attorneys for Blue Downs in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly turning into one of the major attorneys in Cape Town. Our primary priority is on giving the very best legal advice to our valued clients. These include corporate and commercial to civil and criminal lawsuits, labour problems, business or family dispute resolution, divorce law together with estate related transactions. Irrespective of how demanding or complicated the decree, we will provide clear, pragmatic & commercially-sensible 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.
