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.
Legal insight and representation concerning a selection of eviction related concerns. With evictions, the best and most critical factor is to prevent the cash haemorrhage. Residential evictions are accomplished in with regards to either PIE or ESTA. Selecting the improper Act will definitely can result in failure, regardless of the merits of the case.
Tenants Not Paying Rent
Precisely what must you do whenever a tenant stops paying rent? Instruct an legal representative to start eviction proceedings? Secure a financial debt judgment? Or even get to an commitment with the lessee that permits them to repay what you are owed? That it is in landlords best interests nevertheless to revoke the lease and evict the non paying residents asap as the priority ought to be to switch a non-paying lessee with a paying resident.
Getting Tenants Out
Problems causing by stalled action or incorrect legal processeses typically provokes extra legal expenses, loss of rent revenue and increased risk of damages to the building.
Lease Agreements
Your lease agreement must contain a infraction paragraph with it outlining the penalties of breaching one of the stipulations of the lease. It is then up to you just how much leniency you wish to show.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. More importantly a lessor has to explain to a law court that there actually is and or will likely be significant injury to persons (that can incorporate the unauthorised occupants themselves) or damages to the property should the order is not approved. The immediate eviction is actually so effective, that it allows for the recalcitrant lessee or the prohibited occupant to be required by the judge to leave the home inside of 1 day, failing which the sheriff of the court is allowed to purposely remove the wrongful tenant off the residential or commercial property.
Time & Cost of Evictions
Considering that an tenant can choose to move out of a property at virtually any time through the eviction process, the cost can dramatically differ with each situation. The rental fee arrears retrieval process is generally started in addition to, and functions in line with the application of the eviction proceeding.
Landlords Rights
Although a solid rental agreement simplifies eviction procedures, the absence thereof does not necessarily mean that unlawful tenants cannot be removed. Read more about landlords rights here.
Required Documents
The start will be normally to find the acknowledged lease commitment from the applicant and specifics of the noncompliance of the resident. In the event of the tenant cannot compensate rent, complete details of the arrears should be presented by the landlord.
Find the best eviction attorney in Waterkant at Rubensteins Attorneys. Get expert eviction advice and fast, effective legal notices for landlords. Contact us today!
Eviction Attorneys for De Waterkant in Cape Town
Formed in 2008, Rubensteins Attorneys quickly became one of the leading attorneys in Cape Town. Evictions are managed by Rubensteins Attorneys who are a exceptionally competent an adept litigation lawyers with a exhaustive knowledge of eviction laws in Cape Town and South Africa. Rubensteins come with numerous successful eviction cases under their belt, for both civil in addition to corporate and business clients. Our law firm in De Waterkant undertakes to deliver some of the most affordable and proficient approach to your problems. Notwithstanding of how daunting or intricate the decree, we will give crystal clear, pragmatic & commercially-sensible 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.
