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 legal practitioners can help with all eviction matters in Chamonix. Anytime an eviction lawyer represents a landlord, he/she would typically counsel his client as to if they has justifications to evict the resident and after that prepare, register, and serve the eviction documents and defend his/her client in courtroom. Just to evict an unlawful occupant from domestic property, the procedure in whens it come to schedule 4 and 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 secure a court order to evict an un-lawful occupant. Sections 4 to 6 of the Land Act provide for process in case of ejections, including with regard to immediate eviction.
Tenants Not Paying Rent
Some of the major concerns is where tenants that do not pay the rental & the subsequent expulsion of the tenants. Generally there is nothing at all to stop a property owner from dispatching a summons for the delinquent rental immediately after the lessee has been removed.
Getting Tenants Out
The unauthorized tenant might go to the courtroom hearing on the day the case is considered and fight for himself if he believe the eviction unwarranted.
Lease Agreements
A good lease contract needs to have a infraction provision with it laying out the outcomes of breaching one of the terms of the contract. It is up to the owner what lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Most significantly an individual will need to explain to a magistrate that there actually is and or will likely be serious personal injury to people (that can consist of the unauthorised occupants themselves) or else destruction to the property if the court order is not approved. The immediate eviction is actually so powerful, that it offsets the unwilling lessee or the illegal inhabitant being ordered by the law court to move out of the building inside of 24 hours, neglecting which the sheriff of the court is authorised to purposely remove the unauthorised tenant off the house.
Time & Cost of Evictions
As an occupant can elect to vacate a property at any time throughout the eviction process, the cost can considerably vary with each situation. The rental fee debts retrieval procedure is in most cases started alongside, and works in conjunction to the application for the eviction process.
Landlords Rights
Even though a firm lease agreement simplifies eviction practices, the lack of a lease doesn’t necessarily mean that unauthorised occupants cannot be evicted. See more about landlords duties & rights here.
Required Documents
The initial step will be normally to obtain the signatured lease arrangement from the client and particulars of the noncompliance of the renter. In the event that the tenant fails to pay for rent, full particulars of the delinquencies should be supplied by the client.
Chamonix Eviction Services : Are you a landlord or property owner in Chamonix looking for expert eviction advice? Rubensteins Attorneys are specialists in fast legal eviction notices. Seek their assistance today.
Eviction Lawyers for Chamonix in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the leading legal in Cape Town. Our aim is on offering the very best legal insight to our valued clients. All these also include corporate & commercial to civil and criminal litigation, labor disputes, family or business dispute resolutions, divorce law together with property related transactions. We aim to make lasting and ultimately meaningful partnerships with our clients, to invest in their legal issues and ultimately be an instrument of their growth and 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.
