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 lawyers are professionals in urgent eviction notifications in Cape Town. Eviction, additionally distinguished in several areas as an unlawful detainer, can be a tough action to understand. So as to remove an illegal inhabitant from non commercial property, the procedure in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be observed. Primarily, the lessor must secure a order to dislodge an un-lawful tenant. Sections 4 to 6 of the Act provide for process in case of ejections, including for urgent eviction.
Tenants Not Paying Rent
The requirements of tenants together with lessors are protected in statutory, as well as non-statutory law in Southern Africa. Generally there is nothing to stop a lessor from putting out a command for the unsettled rent after the tenant has been evicted.
Getting Tenants Out
The unlawful tenant will be able to show up at the court hearing on the day it is considered and dispute the process himself if he believe the eviction is unjust.
Lease Agreements
Though it isn’t a judicial requirement to possess a drafted lease arrangement, it’s strongly advocated. The lease agreement needs to illustrate all the terms– for the two parties– of the tenancy. The lease agreement grants safeguards to both of landlord and tenant in the circumstance of either one party breaking their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction processes. Very significantly a landlord needs to show a magistrate that there is and/or will be serious injury to persons (this may incorporate the unlawful inhabitants themselves) or even damages to the property in case that the request does not get approved. The emergency eviction is actually so powerful, that it allows for the unwilling resident or the illegal occupant to be demanded by the law court to abandon the building within 24h, neglecting which the sheriff of the court is authorised to purposely evict the wrongful inhabitant off the estate.
Time & Cost of Evictions
As an tenant may choose to retract from a residential or commercial property at pretty much any time throughout the eviction procedure, the price can substantially fluctuate with every circumstance. The rental and loss retrieval procedure is ordinarily launched alongside, and functions in conjunction to the application for the eviction process.
Landlords Rights
Though a concrete lease contract streamlines eviction steps, the lack of a lease agreement doesn’t mean that unlawful tenants can’t be removed. See more about property owners rights here.
Required Documents
The very first step would certainly be usually to obtain the acknowledged lease arrangement from the applicant and details of the transgressions of the resident. In case of the lessee cannot pay for rent, complete specifics of the arrears have to be given by the landlord.
Founded in 2008, Rubensteins Attorneys is fast turning into one of the leading law firms in Cape Town. Our focus is on rendering the superb legal advice for our valued clients. All these areas include corporate & commercial to civil and criminal litigation, labour disputes, business or family conflict resolution, family law in addition to estate related matters. Irrespective of just how daunting or complicated the mandate, we will provide crystal clear, pragmatic & 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.
