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 eviction lawyers specialises in critical eviction orders in Cape Town. It is essential for any landlord or financier with a leasing portfolio to accustom themselves with the PIE Act along with the different practices it outlines for lawfully tackling overdue leaseholders. Our dedicated eviction attorneys are familiar with the PIE Act and also the demands of our district courts and mechanisms that tackle evictions & rental collections.
Tenants Not Paying Rent
If all else fails and the renter still won’t pay, obtain an eviction lawyer. With the very first feasible chance file a tenant-landlord grievance in court. There really is virtually nothing to prevent a landlord from dispatching a command for the overdue rent immediately after the occupant has actually been removed.
Getting Tenants Out
Proprietors whom do not bring an eviction request in good time or comply with the appropriate legal procedures might have to sustain a extensive and pricey experience.
Lease Agreements
A lease agreement needs to carry a contravention condition with it specifying the repercussions of breaching one of the conditions of the lease agreement. It is then up to the proprietor just how much lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very importantly one has to demonstrate to a judge that there certainly is and or will be substantial injury to persons (that might involve the wrongful tenants themselves) or destruction to the property in case that the order is not awarded. An urgent eviction is actually so effective, that it enables the recalcitrant resident or the prohibited occupant to be commanded by the judge to leave the property in less than 24 hours, neglecting which the sheriff of the court is permitted to emphatically dislodge the unauthorised occupier from the home.
Time & Cost of Evictions
Since an tenant may elect to part with a residential or commercial property at just about any point throughout the eviction procedure, the price can greatly fluctuate with each situation. The rent payment and loss recovery processes is frequently begun hand and hand, and functions in combination to the application of the legal eviction process.
Landlords Rights
Although a strong rental agreement streamlines eviction process, the absence of a lease agreement does not suggest that an unlawful tenants cannot be dislodged. Find out more about lease-holders rights & duties here.
Required Documents
The first step should be normally to find the signed lease commitment from the client and facts of the transgressions of the resident. In case that the tenant fails to pay out rental, complete details of the debts needs to be provided by the client.
Need eviction help in Durbanvale? Rubensteins Attorneys are experts in fast legal eviction notices. Contact our experienced lawyers in Cape Town now.
Eviction Attorneys for Durbanvale in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the most popular legal solutions firms in Cape Town. Our primary aim is on offering the absolute best legal services advice to our valued clients. All of our clients gain from our exceptional experience with all key disciplines of South African law. We try to create long-lasting and ultimately meaningful relationships with our clients, to invest in them and be a part to their growth & their success.
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.
