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.
As practitioner residential or commercial property legal counsels in Century City, (Milnerton) we defend property owners, residential property administrators and leasing realtors relating to tenant disturbances and evictions. It is crucial for any sort of landlord or real estate investor having a rental portfolio to acquaint themselves with the PIE Act and the various methods it maps out for legitimately confronting neglectful lessees. A property owner can’t take the law into his/her own hands whenever a tenant stops paying for rental instalments.
Tenants Not Paying Rent
But just what should you do if the tenant just ceases settling their rent, and also it becomes obvious that she or he have no plan of compensating? Of course, there is nothing to prevent a lessor from dispatching a call for the unpaid rent after the lessee has been evicted.
Getting Tenants Out
Delays arising from postponed action or misguided legal approaches typically causes increased legal fees, loss of rental cash flow and amplified risk of damage to the residential or commercial property.
Lease Agreements
Having a secure lease contract should contain a delinquency paragraph with it describing the consequences of breaching one of the conditions of the lease agreement. It is up to the owner the amount of lenience you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction processes. Very importantly an individual has to show a court of law that there certainly is and would be substantial personal injury to people (this might involve the wrongful inhabitants themselves) or else damages to property in case that the court order is not granted. The immediate eviction is so compelling, that it enables the defiant lessee or the wrongful inhabitant being commanded by the law court to abandon the property in less than 1 day, failing which the sheriff of the court is mandated to forcefully dislodge the prohibited inhabitant from the house.
Time & Cost of Evictions
As an lessee may elect to clear a property at any time through the eviction process, the costs can significantly vary with each situation. The rental fee arrears recovery procedure is normally initiated hand and hand, and works in combination to the application for the eviction processes.
Landlords Rights
Even-though a strong lease agreement shortens eviction steps, the absence thereof does not imply that an illegal tenants can’t be evicted. See more about landlords duties & rights here.
Required Documents
The initial step should be to obtain the acknowledged lease contract agreement from the home-owner and specifics of the breaches of the lessee. In case that the tenant fails to pay out rent, comprehensive particulars of the arrears should be given by the client.
Need eviction advice in Century City? Rubensteins Attorneys, specialists in fast legal eviction notices, can help landlords and property owners in Cape Town.
Eviction Notice Lawyers for Century City in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the major law firms in Cape Town. Having already cultivated a reputation for efficiency, Rubensteins is distinguished in its industry by its allegiance to its clients, as well as its strength to discover inspired and original solutions to even some of the most complex of legal situations. All these areas also include corporate and commercial to criminal & civil lawsuits, labour problems, family or business conflict resolution, family law in addition to property related transactions. Our goal is to go above and beyond, to exceed expectations and to put our clients needs foremost.
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.
