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 more information on specifically how our firm could help you with evictions, do not hesitate to consult with our eviction specialists. Try to get deleterious lessees out as swiftly as is possible – even when it denotes granting to give up a amount of the outstanding rental. Eviction in whens it come to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
Exactly what should a person do when a leaseholder refrains from paying their rent? Counsel an attorney to start eviction proceedings? Secure a financial debt judgment? Or reach an agreement with the tenant that enables them to repay what you are owed? That it resides in landlords primary interests nonetheless to cancel the lease and evict the defaulting tenants quickly as the key concern must be to replace a non-paying lessee with a paying lessee.
Getting Tenants Out
The wrongful resident can easily show up at the courtroom hearing on the day it is ascribed and dispute the process himself if he believe that the eviction unwarranted.
Lease Agreements
A good lease contract ought to hold a breach paragraph with it laying out the effects of breaching one of the conditions of the contract. It is then up to the owner the amount of leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very notably an individual needs to show a magistrate that there certainly is and or would be substantial personal injury to people (that can consist of the wrongful occupiers themselves) or else damage to residential or commercial property in case that the order does not get awarded. The immediate eviction is actually so powerful, that it enables the defiant lessee or the wrongful occupier to be commanded by the court to leave the building within 24 hours, failing which the officer of the court is allowed to forcefully remove the illegal tenant off the estate.
Time & Cost of Evictions
Since an tenant may opt to leave a house at any phase through the eviction procedure, the outlay can drastically fluctuate with each circumstance. The rent arrears recovery procedure is typically instituted alongside, and runs in combination to the application of the eviction process.
Landlords Rights
Even though a strong lease agreement shortens eviction processes, the absence thereof doesn’t mean that an illegal tenants can not be dislodged. Find out more about property owners rights here.
Required Documents
The very first step would be to obtain the signed lease contract arrangement from the applicant and particulars of the noncompliance of the lessee. In case that the tenant fails to pay out rent, complete particulars of the delinquencies should be supplied by the client.
Connaught eviction lawyer. Looking for eviction advice? Consult Connaught Evictions Lawful Eviction attorneys in Cape Town. Trust Rubensteins Attorneys for expert assistance with fast, lawful eviction notices.
Eviction Order Attorneys for Connaught in Cape Town
Formed in 2008, Rubensteins Attorneys quickly became one of the top law firms in Cape Town. All evictions are managed by Rubensteins Attorneys who is a exceptionally skilled an adept litigation attorneys with a thorough knowledge of eviction laws in South Africa. Rubensteins come with numerous successful lawful evictions in their past record, for residential in addition to commercial clients. All of our clients benefit from our exceptional expertise with all key disciplines of local law. We aspire to build long-lasting and ultimately meaningful partnerships with our clients, to invest in their legal issues and be a part to their progression & 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.
