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 firms eviction lawyers are experts in immediate eviction orders in Cape Town. It is essential for any type of lessor or real estate investor with a local rental portfolio to familiarise themselves with the PIE Act and the various practices it outlines for lawfully dealing with offending tenants. Our dedicated eviction attorneys are acquainted with the PIE Act and the prerequisites in regard to our local law courts and routines that deal with evictions & local rental collections.
Tenants Not Paying Rent
Yet just what can you do if the renter simply stops paying their rent, and also it eventually becomes apparent that she or he has no intent of settling? There certainly is virtually nothing to prevent a lessor from putting out a command for the past due rental fee immediately after the lessee has been expelled.
Getting Tenants Out
An wrongful occupier can easily go to the courtroom hearing on the day it is set down and fight for himself if he believe the eviction unwarranted.
Lease Agreements
Even-though it is not viewed a legal prerequisite to have a written lease contract, it is definitely advised. The lease contract ought to define all of the terms and conditions– for both equally parties– of the occupancy. It grants safeguard to both of landlord and renter in the event of any party breaking their duties.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. More significantly a landlord must demonstrate to a law court that there actually is and or will be significant injury to persons (that might include the wrongful occupants themselves) or damages to the property in case that the request is not granted. The emergency eviction is actually so powerful, that it enables the defiant lessee or the prohibited inhabitant to get commanded by the law court to vacate the home in less than 1 day, failing which the sheriff of the court is authorised to purposely dislodge the unauthorised tenant from the property.
Time & Cost of Evictions
Since an occupant may elect to clear a home at virtually any point throughout the eviction proceeding, the costs can drastically fluctuate with every situation. The rental fee arrears recuperation process is ordinarily set in motion in addition to, and works in combination to the application for the legal eviction processes.
Landlords Rights
Although a iron clad rental contract simplifies eviction processes, the lack thereof doesn’t necessarily mean that an unlawful occupants can’t be removed. Read more about lease-holders rights here.
Required Documents
The very first step will be normally to obtain the signed lease contract agreement from the applicant and particulars of the neglects of the tenant. In case that the lessee fails to pay rent, full particulars of the debts must be supplied by the landlord.
Need eviction advice in East Rock Evictions, Cape Town? Consult Rubensteins Attorneys, experts in fast legal eviction notices for landlords and property owners in Rock.
Eviction Order Lawyers for East Rock in Cape Town
Founded in 2008, Rubensteins Attorneys quickly turned into one of the most popular law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a highly proficient an accomplished litigation attorneys with a comprehensive understanding of eviction laws in Cape Town and South Africa. Rubensteins have numerous successful legal evictions in their portfolio, for both residential in addition to corporate clients. All of our clients benefit from our extensive knowledge in all key specialties of the law. Our intent is to go above and beyond, to surpass 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.
