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 advisers will be able to serve to help you to tackle evictions safely and securely. Your house could be an income-earning investment to you, however, to your residents it is actually their household. So just what does one do when your boarder fails to pay the rental fee and lands up in breach of the contract understanding? A lessor simply cannot take the law into his/her own hands in the case that a lessee stops paying for rentals due.
Tenants Not Paying Rent
If demands all fail and the renter still won’t pay, secure an eviction lawyer. With the very first achievable chance docket a tenant-landlord complaint in court. Of course, there is nothing to stop a proprietor from putting out a call for the delinquent rental fee after the tenant has actually been evicted.
Getting Tenants Out
The unlawful resident could show up at the courtroom hearing on the day it is considered and fight for himself if he believe that the eviction unwarranted.
Lease Agreements
Though it is not deemed a judicial criteria to have a recorded lease agreement, it is strongly advised. The lease should spell out all the conditions– for both individuals– of the tenancy. The lease contract ensures safeguards to simultaneously lessor and renter in case of either one individual breaking their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Very importantly one must prove to a judge that there actually is and or will be considerable personal injury to persons (that can involve the unlawful inhabitants themselves) or else damage to the property in the event that the court order is not granted. An immediate eviction is actually so powerful, that it offsets the unwilling tenant or the wrongful occupant being commanded by the law court to leave the building in less than 24h, neglecting which the sheriff of the court is permitted to emphatically evict the unauthorised tenant from the home.
Time & Cost of Evictions
As an resident could decide to clear a residential or commercial property at pretty much any stage throughout the eviction procedure, the outlay can substantially differ with scenarios. The rental debts recovery process is typically set in motion hand and hand, and works in combination to the application of the legal eviction processes.
Landlords Rights
Despite the fact that a strong lease legal contract simplifies eviction processes, the absence of a lease agreement does not imply that unlawful tenants can’t be dislodged. Find out more about landlords duties & rights here.
Required Documents
The initial step would certainly be usually to secure the acknowledged lease contract agreement from the applicant and details of the contraventions of the resident. In case of the tenant fails to pay rental, complete specifics of the arrears should be given by the property owner.
Bonnie Brae Evictions : Looking for eviction advice in Bonnie Brae, Cape Town? Turn to Rubensteins Attorneys, the experts in fast legal eviction notices for landlords and property owners.
Eviction Order Lawyers for Bonnie Brae in Cape Town
Established in 2008, Rubensteins Attorneys is fast turning into one of the most popular legal services firms in Cape Town. Our firms main focus is on rendering the absolute best legal assistance to our clients. All these include company and commercial to civil and criminal litigation, labour issues, family or business conflict resolution, divorce law in addition to property related transactions. At Rubensteins we have cultivated a collaborative ethos, in which our team help one another to achieve the best results for our clients.
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.
