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 staff have certainly secured ourselves at the vanguard of the boutique eviction services providers experienced, reputable, credible, and efficient eviction regulation in Fresnaye, Cape Town. Property owners as well as lessors should make sure to officially evict a non-paying occupant and never ever turn to approaches that overstep the judicial discharge of residents. Evictions in whens it come to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
One of the major concerns is that of occupants which do not pay the rental payment & the following expulsion of the tenants. It resides in lessors primary interests none the less to cancel the lease and evict the non paying residents as soon as possible as the priority should be to removed and replace a delinquent tenant with a paying renter.
Getting Tenants Out
Although many of us can not imagine a circumstance occurring wherein the tenant not only decides not to pay for the rent, but also refuses to leave.
Lease Agreements
Although it is not considered a official criteria to have a prepared lease commitment, it’s strongly advocated. The lease contract should illustrate all the terms– for both the individuals– of the occupancy. The lease provides safeguards to both lessor and renter in the event of either one party reneging on their obligations.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction processes. Most notably an individual needs to show a court of law that there is and/or would be serious injury to persons (this can involve the wrongful occupiers themselves) alternatively destruction to property if the court order is not approved. The urgent eviction is actually so formidable, that it allows for the unwilling lessee or the wrongful inhabitant to get demanded by the court to leave the residential property inside of 24h, declining which the officer of the court is mandated to forcefully evict the unauthorised resident from the house.
Time & Cost of Evictions
In order to remove a occupant in Cape Town legitimately, the best way to significantly lower costs and losses is to act efficiently and properly while staying away from needless postponements. The rental debts recuperation processes is frequently set in motion hand and hand, and runs in conjunction to the application of the eviction processes.
Landlords Rights
Despite the fact that a firm rental agreement reduces eviction steps, the absence of a lease doesn’t suggest that unlawful tenants can’t be subject to an eviction. Find out more about lease-holders duties & rights here.
Required Documents
The first step will be normally to obtain the subscribed lease contract agreement from the applicant and particulars of the neglects of the renter. In the event that the occupant fails to pay rent, full particulars of the arrears should be provided by the client.
For fast and effective eviction notices in Fresnaye, Cape Town, trust Rubensteins Attorneys.
Eviction Order Attorneys for Fresnaye in Cape Town
Formed in 2008, Rubensteins Attorneys fast turned into one of the most popular law firms in Cape Town. Our priority is on ensuring the very best legal guidance to our valued clients. Each of our clients benefit from our extensive experience with all key fields of the law. Irrespective of how demanding or intricate the decree, we will certainly give crystal clear, pragmatic and commercially-sound legal services advice.
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.
