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.
Our lawyers can support with all types of eviction matters in De Tijger. When it comes to evictions, one of the most important action is to prevent the financial haemorrhaging. Currently there are countless different techniques which might be used to get a dishonouring tenant to comply, the approach of eviction is generally rather definitive in South African Law. The progression is unmistakably detailed and in most cases takes between 6 to 12 full weeks from the moment the application is first officiated upon the tenant till the dates when the lessee is directed by the pertinent Court or Magistrate to vacate the residential or commercial property.
Tenants Not Paying Rent
In many different places, it is against the law to evict a tenant until all legal proceedings are over, and this may take a few months. There really is nothing to stop a landlord from putting out a call for the overdue rental payment after the lessee has been evicted.
Getting Tenants Out
Even though a number of us cannot imagine a situation emerging wherein the occupant not only refuses to produce the rent, yet also decides not to vacate.
Lease Agreements
Even though it is not a judicial condition to possess a drafted lease, it is strongly advocated. The lease agreement must define each of the details– for both equally parties– of the tenancy. It provides protection to both lessor and tenant in case of any party breaking their duties.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most notably an individual has to show a magistrate that there is and or will be serious injury to persons (that may consist of the unauthorised tenants themselves) or else destruction to the property in the event that the order is not awarded. The emergency eviction is so powerful, that it enables the unwilling tenant or the illegal occupier to be ordered by the judge to leave the residential or commercial property within 24 hours, neglecting which the officer of the court is mandated to emphatically remove the unlawful occupier from the residential property.
Time & Cost of Evictions
In order to evict a leaseholder in Parow under legal standing, the most effective way to minimize expenses and ultimately losses is to act quickly and proficiently while eliminating needless setbacks. The rent payment and loss recuperation process is ordinarily set in motion in addition to, and runs in conjunction to the application for eviction plan.
Landlords Rights
Despite the fact that a sound rental agreement simplifies eviction process, the absence thereof does not imply that unauthorised occupants can’t be dislodged. Read more about property owners rights and duties here.
Required Documents
The first step would be usually to find the acknowledged lease contract arrangement from the applicant and specifics of the noncompliance of the lessee. In the event of the lessee fails to compensate rental, comprehensive specifications of the arrears must be presented by the property owner.
Facts of property ownership
The lease
Transaction history of what is owed
A detailed background of what has transpired
A foundation of compensations or danger to a person
Assisting Cape Town's De Tijger with Eviction Help
De Tijger Evictions : Are you a landlord or property owner in Cape Town seeking eviction advice? Rubensteins Attorneys, experts in fast legal eviction notices, can help you with your eviction needs.
Eviction Order Attorneys for De Tijger in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. Our main focus is on rendering the superb legal assistance for our valued clients. All these areas also include company and commercial to criminal and civil lawsuits, labor issues, business or family conflict resolution, divorce law together with property transactions. Our intention is to go above and beyond, to rise above expectations and to place our valued clients needs above all else.
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.
