TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
Step 1.
Letter of Demand
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 representatives can help with all types of eviction matters in Danarand. Property proprietors and also lessors should never fail to legally evict a non-paying occupant and at no time turn to tactics that conflict the legitimate evacuation of lessees. Eviction in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
Yet what must you do if the lessee simply ceases settling rent, and also it becomes evident that she or he has no plan of paying? It really resides in lessors best interests none the less to revoke the lease and evict the non paying lessees immediately as the prerogative must be to switch a non-paying occupant with a paying tenant.
Getting Tenants Out
An unlawful tenant can go to the court hearing on the day it is ascribed and fight for themselves should they believe that the eviction unwarranted.
Lease Agreements
Regardless of the fact that it isn’t a legal condition to possess a recorded lease understanding, it is strongly advised. The lease agreement needs to illustrate all the terms and conditions– for both parties– of the occupancy. The contract ensures safeguards to both of property owner and tenant in the event of either party defaulting on their obligations.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Most notably a lessor must show a court that there certainly is and or will be substantial personal injury to persons (that can involve the unauthorised occupiers themselves) alternatively damage to property in the event that the court order is not awarded. The emergency eviction is so effective, that it offsets the defiant lessee or the unlawful occupant being ordered by the judge to leave the residential property in less than 24 hours, neglecting which the sheriff of the court is mandated to forcefully evict the prohibited resident from the home.
Time & Cost of Evictions
Since an occupant may choose to move out of a house at virtually any stage through the eviction process, the expense can greatly fluctuate with scenarios. The rent payment and loss recovery processes is generally set in motion hand and hand, and works in conjunction to the application for the legal eviction plan.
Landlords Rights
Despite the fact that a sound lease legal contract shortens eviction procedures, the lack thereof does not necessarily mean that unlawful residents can not be evicted. See more about property owners rights here.
Required Documents
The very first step will be usually to find the acknowledged lease contract arrangement from the applicant and facts of the infringements of the tenant. In case that the occupant cannot pay for rent, complete specifications of the delinquencies needs to be presented by the client.
Proof of property ownership
The lease
Transaction history of what is owed
A comprehensive background of what has taken place
Danarand Evictions : Get expert eviction advice from Rubensteins Attorneys, Danarand Evictions Cape Town, specialists in fast legal eviction notices for landlords and property owners.
Eviction Order Attorneys for Danarand in Cape Town
Formed in 2008, Rubensteins Attorneys quickly became one of the major law firms in Cape Town. Our priority is on ensuring the superb law insight for our clients. All these areas also include corporate and commercial to criminal and civil lawsuits, labor issues, business or family conflict resolution, family law as well as property transactions. Notwithstanding of how demanding and / or intricate the mandate, we will certainly provide crystal 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.
