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.
Being practitioner residential property lawyers in Delro, (Blue Downs) we work with property owners, property managers and rental agents relating to renter legal disputes including evictions. Regarding evictions, some of the most important factor is to halt the cash haemorrhage. A property owner can not take the law into his or her own hands if a resident stops paying for rent.
Tenants Not Paying Rent
If all else fails and the lessee still does not pay, secure an eviction lawyer. On the very first feasible opportunity record a tenant-landlord complaint in a court. Generally there is virtually nothing to prevent a lessor from putting out a command for the payable rent immediately after the tenant has been removed.
Getting Tenants Out
Although many of us cannot imagine a circumstance arising in which the occupant not only decides not to produce the rent, yet furthermore decides not to leave.
Lease Agreements
A good lease agreement should contain a infraction stipulation with it describing the results of breaching one of the conditions of the lease agreement. It is up to the proprietor the amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. More importantly one will need to show a judge that there is and/or would be serious personal injury to people (that may involve the wrongful inhabitants themselves) or destruction to the property in case that the request does not get awarded. An emergency eviction is so effective, that it allows for the defiant lessee or the unlawful occupier to get required by the judge to vacate the property within 24 hours, declining which the officer of the court is permitted to forcefully dislodge the unauthorised tenant from the property.
Time & Cost of Evictions
To expel a lease holder in Blue Downs legally, optimal way to reduce costs and inevitably losses is to operate swiftly and properly whilst keeping away from needless setbacks. The rental fee arrears retrieval process is typically begun along with, and runs in combination to the application for legal eviction plan.
Landlords Rights
Although a concrete rental legal contract reduces eviction procedures, the absence of a lease agreement doesn’t mean that unauthorised residents can’t be removed. See more about landlords rights here.
Required Documents
The start would be to get the signed lease agreement from the client and facts of the infringements of the renter. In the event that the tenant cannot compensate rental, full particulars of the arrears needs to be provided by the lessor.
Delro Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers for landlords and property owners, specialising in fast legal eviction notices. Seek our expertise for efficient resolution.
Eviction Attorneys for Delro in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the most popular legal services firms in Cape Town. Our aim is on ensuring the superb law advice for our clients. All these areas also include company & commercial to civil and criminal litigation, labour disputes, family or business dispute resolutions, divorce law as well as property transactions. Regardless of just how demanding and / or complicated the mandate, we will certainly provide crystal clear, functional and commercially-sound legal services 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.
