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.
For additional information on specifically how our experts may support you with evictions, don’t wait to get in touch with our eviction professionals. Anytime an eviction attorney is agent for a property manager, they will ordinarily prepare his property owner as to whether or not he or she has grounds to evict the lessee and then put together, register, and serve the eviction papers and represent his or her homeowner in courtroom. In relations to the Constitution of South Africa, No individual may be removed from their home, or have their residence knocked down, without an order of court only made when taking into account all the pertinent circumstances. No regulations could permit irrational evictions.” PIE sets out the procedure to be abided by in the case of such removals.
Tenants Not Paying Rent
Some of the greatest issues is that of occupants which do not pay the rental payment and the subsequent eviction of the lessees. That it is in property managers best interests however to cancel the lease and evict the defaulting tenants immediately as the priority should be to removed and replace a delinquent lessee with a paying tenant.
Getting Tenants Out
An wrongful resident can turn up the courtroom hearing on the day it is set down and defend himself if he believe the eviction unwarranted.
Lease Agreements
Even-though it isn’t a judicial prerequisite to possess a recorded lease, it’s highly recommended. The lease agreement ought to define each of the conditions– for each of the parties– of the tenancy. The contract ensures protection to simultaneously landlord and renter in case of either one individual defaulting on their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Very notably one must prove to a court that there is and/or would be significant injury to persons (this may incorporate the unauthorised inhabitants themselves) alternatively destruction to the property in case that the order does not get awarded. An emergency eviction is actually so powerful, that it allows for the defiant resident or the prohibited inhabitant to be ordered by the court to abandon the residential or commercial property inside of 24h, declining which the officer of the court is permitted to forcefully dislodge the unauthorised inhabitant off the house.
Time & Cost of Evictions
Since an tenant might decide to part with a residential property at just about any point during the eviction process, the price can greatly differ with every circumstance. The rental arrears recuperation processes is ordinarily begun hand and hand, and functions in line with the application of the eviction plan.
Landlords Rights
Although a concrete rental agreement streamlines eviction processes, the absence of a lease does not suggest that unlawful tenants cannot be evicted. Find out more about property owners duties & rights here.
Required Documents
The first step will be normally to find the subscribed rental agreement from the applicant and facts of the contraventions of the renter. In case of the occupant fails to pay for rental, complete particulars of the debts needs to be provided by the client.
Eviction Lawyer in Clifton, Cape Town - Expert Assistance
Fast, expert eviction advice in Clifton? Contact Rubensteins Attorneys for the go-to experts in legal eviction notices for landlords and property owners in Cape Town.
Eviction Lawyers for Clifton in Cape Town
Founded in 2008, Rubensteins Attorneys swiftly turned into one of the top legal solutions firms in Cape Town. Evictions are dealt with by Rubensteins Attorneys who is a exceptionally skilled an skilled litigation lawyers with a exhaustive understanding of eviction laws in Cape Town and South Africa. Rubensteins hold numerous successful lawful evictions in their portfolio, for civil in addition to commercial clients. Our legal firm in Clifton resolves to deliver one of the most affordable and efficient approach to your matters. Notwithstanding of just how challenging and / or intricate the decree, we will give clear, practical & commercially-sound 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.
