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 commercial property practitioners are also ready to face evictions regarding residences located Glen Marine, (Simons Town) all throughout Cape Town. Your home or business could be an income-earning asset to you, but to your occupants it is their residence. So what do you do the moment your renter doesn’t pay the rental fee and winds up in breach of the lease understanding? In order to expel an unlawful tenant from residential property, the procedure in whens it come to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be adhered to. Primarily, the property owner will have to acquire a court order to remove an un-lawful inhabitant. Sections 4 to 6 of the Land Act provide for process in case of ejections, including when it comes to immediate eviction.
Tenants Not Paying Rent
Yet precisely what would you do if the tenant simply ceases paying their rent, and also it becomes apparent that he or she has no intent of paying out? There certainly is virtually nothing to stop a landlord from issuing a call for the overdue rental immediately after the renter has been expelled.
Getting Tenants Out
Even though a number of us can’t envision a scenario occurring where the renter not only chooses not to produce the rent, but also decides not to vacate.
Lease Agreements
Even-though it is not considered a legal condition to have a documented lease, it is strongly recommended. The lease contract should define all of the terms– for both the parties– of the occupancy. It ensures protection to simultaneously property owner and lessee in the event of either one party reneging on their committals.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Most importantly one must show a judge that there actually is and will likely be considerable injury to persons (this might involve the wrongful occupants themselves) or else destruction to the property should the request does not get awarded. An urgent eviction is so effective, that it offsets the defiant tenant or the illegal occupant to get commanded by the law court to abandon the property within 24 hours, failing which the sheriff of the court is mandated to forcefully dislodge the wrongful resident from the residential property.
Time & Cost of Evictions
Since an lessee might choose to retract from a residential or commercial property at virtually any point throughout the eviction proceeding, the outlay can drastically fluctuate with circumstances. The rent and loss retrieval process is generally set in motion hand and hand, and functions in combination to the application for legal eviction proceeding.
Landlords Rights
Even-though a solid lease legal contract shortens eviction procedures, the lack of a lease does not necessarily suggest that an illegal occupants cannot be dislodged. Find out more about lease-holders rights here.
Required Documents
The very first step would certainly be to secure the acknowledged lease commitment from the applicant and particulars of the neglects of the tenant. In case of the occupant cannot pay rent, comprehensive specifics of the debts must be supplied by the lessor.
Glen Marine Evictions Lawyers Expert Legal Assistance in Cape Town
Need eviction advice in Glen Marine, Cape Town? Rubensteins Attorneys are experts in navigating eviction processes. Contact us for fast legal assistance today!
Eviction Notice Lawyers for Glen Marine in Cape Town
Formed in 2008, Rubensteins Attorneys is fast becoming one of the most popular legal in Cape Town. Having acquired a reputable name for excellence, Rubensteins is marked in its profession by its commitment to its customers, as well as its capacity to identify productive and original strategies to even the most intricate of legal challenges. Our firm in Glen Marine undertakes to achieve one of the most affordable and proficient approach to your problems. Our aim is to go above and beyond, to surpass expectations and to put our valued clients needs above everything 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.
