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 residential property legal practitioners are also equipped to take care of evictions in properties situated Dunrobin, (Bellville) in all Cape Town. A number of ungovernable occupants retract after obtaining the opening appeal from an lawyers to do so. Many other put up a conflict and continue being in the residential or commercial property for much more time. Eviction in relations to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
In lots of places, it is illegal to dislodge a tenant unless all court procedures are over, and this may take months. That it resides in property managers primary interests never the less to cancel the lease and evict the non paying residents asap as the priority must be to replace a non-paying occupant with a paying tenant.
Getting Tenants Out
While a number of us can not imagine a position arising wherein the occupant not only refuses to produce the rent, but furthermore refuses to move out.
Lease Agreements
Though it is not a judicial condition to have a recorded lease arrangement, it’s definitely advocated. The lease contract ought to illustrate all the terms and conditions– for both of these parties– of the tenancy. It offers safeguard to both of lessor and tenant in case of any individual breaking their obligations.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. Very importantly one must prove to a law court that there is and or will be significant personal injury to people (this can incorporate the unlawful occupants themselves) or even damages to the property in case that the order is not approved. The urgent eviction is so powerful, that it enables the recalcitrant resident or the prohibited inhabitant to get ordered by the court to abandon the property inside of 24 hours, failing which the sheriff of the court is authorised to purposely remove the prohibited resident from the home.
Time & Cost of Evictions
Since an lessee may decide to clear a residential property at just about any point during the eviction process, the expense can drastically differ with every circumstance. The rent and loss recovery process is usually started alongside, and functions in combination to the application of the legal eviction processes.
Landlords Rights
Even-though a iron clad rental agreement reduces eviction practices, the lack of a lease does not mean that unauthorised tenants can’t be removed. See more about property owners rights & duties here.
Required Documents
The very first step should be normally to obtain the signed rental arrangement from the client and specifics of the neglects of the renter. In case that the tenant cannot pay out rent, comprehensive particulars of the debts needs to be presented by the landlord.
Looking for eviction advice? Consult Dunrobin Evictions' Cape Town Eviction Guide for expert assistance. Rubensteins Attorneys are London-based experts in fast legal eviction notices.
Eviction Order Lawyers for Dunrobin in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly turned into one of the major law firms in Cape Town. Our focus is on rendering the very best legal services assistance to our clients. Our firm in Dunrobin resolves to reach one of the most affordable and proficient handling of your matters. Our intention is to go above and beyond, to rise above expectations and to put our clients needs foremost.
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.
