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.
We pride our legal professionals can aid with all types of eviction concerns in Foreshore. Some recalcitrant lessees retract just after being given the initial stipulation from an legal representative to do so. Others put up a battle and continue with the residence for longer. In summary, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) gives procedures for eviction for illegal residents and restrains unlawful evictions. The principal aim of the Act is to give protection to both occupants and landlords. The home owner or lessor should comply with the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they want to remove a tenant.
Tenants Not Paying Rent
If demands all fail and the tenant still does not pay, get an eviction lawyer. At the earliest possible opportunity register a tenant-landlord grievance in a local court. There is nothing to stop a landlord from dispatching a command for the unsettled rent after the renter has actually been evicted.
Getting Tenants Out
Setbacks arising from postponed action or unreliable legal approaches frequently provokes extra legal services costs, loss of rent income and amplified risk of damages to the property.
Lease Agreements
Though it is not a legal prerequisite to have a prepared lease contract, it is highly recommended. The contract ought to illustrate all the details– for both equally individuals– of the tenancy. It gives security to simultaneously landlord and occupant in the circumstance of either one individual reneging on their obligations.
Urgent Evictions
Section 5 of the Act provides for urgent eviction processes. Very importantly a property owner must show a court of law that there certainly is and/or would be considerable personal injury to people (that may consist of the unauthorised tenants themselves) alternatively damages to property if the court order is not approved. The urgent eviction is actually so effective, that it enables the unwilling tenant or the wrongful occupant to be ordered by the law court to vacate the building in less than 24h, failing which the sheriff of the court is authorised to emphatically dislodge the wrongful tenant from the residential property.
Time & Cost of Evictions
Considering that an lessee could choose to move out of a residential property at pretty much any stage during the eviction proceeding, the outlay can significantly vary with every circumstance. The rental payment debts retrieval process is typically begun along with, and operates in conjunction to the application of the legal eviction processes.
Landlords Rights
Despite the fact that a strong rental contract shortens eviction steps, the lack of a lease doesn’t imply that unlawful tenants can not be removed. Read more about property owners rights here.
Required Documents
The first step would be usually to obtain the subscribed lease arrangement from the applicant and particulars of the transgressions of the renter. In the event that the occupant fails to pay rent, full particulars of the delinquencies must be given by the property owner.
Eviction lawyer in Cape Town. Eviction lawyer in Cape Town. Looking for eviction advice in Cape Town? Rubensteins Attorneys in Foreshore are experts in fast legal eviction notices, helping landlords and property owners.
Eviction Lawyers for Foreshore in Cape Town
Established in 2008, Rubensteins Attorneys is swiftly turning into one of the most popular legal solutions firms in Cape Town. All evictions are handled by Rubensteins Attorneys who are a highly competent an accomplished litigation attorneys with a comprehensive understanding of eviction laws in Cape Town & South Africa. Rubensteins have many successful eviction cases under their belt, for both private and also business clients. These include company and commercial to criminal and civil lawsuits, labor disputes, business or family conflict resolution, family law in addition to property matters. Our intent is to go above and beyond, to surpass expectations and to put our valued clients needs above all else.
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.
