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Step 1.
Letter of Demand
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.
As expert property legal representatives in Everglen, (Durbanville) we represent landlords, property managers and leasing brokers involving tenant legal disputes including evictions. Property owners as well as landlords should make sure to officially evict a non-paying lessee and by no means consider techniques that overstep the legitimate expulsion of lessees. So as to evict an prohibited occupier from non commercial property, the technique in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be observed. In essence, the owner needs to attain a court order to dislodge an unlawful occupant. Sections 4 to 6 in the Act provide for process incase of evictions, including with respect to immediate eviction.
Tenants Not Paying Rent
The duties of tenants as well as landlords are taken cared of in statutory, and also non-statutory legislation in Southern Africa. There really is virtually nothing to prevent a proprietor from issuing a call for the payable rent immediately after the lessee has been removed.
Getting Tenants Out
Setbacks coming from delayed action or misguided legal processeses typically provokes more legal fees, loss of rent cash flow and increased risk of damages to the residential or commercial property.
Lease Agreements
Although it is not deemed a official prerequisite to possess a documented lease, it is highly advised. The lease contract ought to outline all of the terms and conditions– for both the individuals– of the occupancy. The contract grants safeguards to both landlord and lessee in the event of either one individual defaulting on their duties.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Most importantly one has to explain to a court that there is and/or will likely be significant injury to people (this could include the wrongful tenants themselves) alternatively destruction to the property in the event that the request does not get approved. The immediate eviction is actually so effective, that it allows for the unwilling tenant or the wrongful occupier being ordered by the law court to abandon the home in less than 24h, declining which the officer of the court is allowed to purposely remove the wrongful occupier from the residential or commercial property.
Time & Cost of Evictions
Since an lessee can opt to leave a home at any phase during the eviction process, the cost can substantially vary with each circumstance. The rent and loss retrieval process is frequently started along with, and functions in combination to the application for the legal eviction processes.
Landlords Rights
Regardless of the fact that a firm lease contract shortens eviction processes, the absence thereof doesn’t suggest that an unlawful occupants cannot be dislodged. See more about property owners rights & duties here.
Required Documents
The initial step should be usually to get the signed rental commitment from the client and specifics of the breaches of the tenant. In the event of the lessee cannot pay out rent, complete specifics of the delinquencies have to be provided by the client.
Everglen Evictions - Are you a landlord in Cape Town seeking eviction advice? Rubensteins Attorneys are experts in fast legal eviction notices for property owners in Everglen. Contact us now.
Eviction Attorneys for Everglen in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the top law firms in Cape Town. Our firms aim is on giving the very best legal services advice to our valued clients. Our clients benefit from our exceptional expertise in all key disciplines of the law. Our intent is to go above and beyond, to rise above expectations and to place our clients requirements 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.
