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 team have certainly entrenched ourselves at the leading edge of the boutique eviction solutions providers proficient, reputable, trusted, and effective eviction regulation in Green Lands, Bellville. Get delinquent renters out asap – whether or not it means granting to write off a amount of the outstanding rental money. Just to expel an unlawful occupier from domestic property, the process in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be complied with. In essence, the lessor needs to acquire a order to expel an unlawful tenant. The sections 4 to 6 of the Act provides for procedure incase of ejections, including with regard to urgent eviction.
Tenants Not Paying Rent
In many places, it is prohibited to force out a tenant until all court proceedings are concluded, and this could take months. There is nothing to prevent a property owner from dispatching a summons for the delinquent rent after the occupant has actually been extruded.
Getting Tenants Out
Property owners whom fail to deliver an eviction application in good time or adopt the right legal processes can have to endure a lengthy and costly experience.
Lease Agreements
Whilst it is not a official prerequisite to possess a documented lease, it is ardently recommended. The lease agreement needs to illustrate all of the details– for the two individuals– of the tenancy. It grants safeguard to both lessor and renter in the event of either one party reneging on their responsibilities.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Most significantly a property owner will need to explain to a court that there certainly is and or will be serious injury to individuals (this could include the unauthorised inhabitants themselves) or else damage to property should the order does not get awarded. An urgent eviction is so powerful, that it offsets the recalcitrant resident or the illegal occupier to get ordered by the judge to move out of the residential or commercial property inside of 1 day, declining which the sheriff of the court is authorised to emphatically evict the prohibited inhabitant from the estate.
Time & Cost of Evictions
In order to remove a leaseholder in Bellville legally, the most effective way to minimise costs and losses is to act quickly and proficiently while staying away from unnecessary hold-ups. The rental fee arrears recovery processes is typically initiated in addition to, and functions in line with the application for the eviction processes.
Landlords Rights
Even-though a strong lease agreement reduces eviction procedures, the absence thereof doesn’t suggest that an unlawful occupants cannot be evicted. Find out more about landlords duties and rights here.
Required Documents
The very first step should be normally to get the signatured lease contract agreement from the applicant and specifics of the noncompliance of the resident. In case of the occupant cannot compensate rental, full particulars of the debts have to be supplied by the property owner.
Expert eviction advice in Green Lands. Rubensteins Attorneys specializes in fast legal eviction notices for landlords and property owners in Cape Town. Contact us for guidance.
Eviction Notice Attorneys for Green Lands in Cape Town
Established in 2008, Rubensteins Attorneys fast turned into one of the top law firms in Cape Town. Having already acquired a reputation for excellence, Rubensteins is recognised in its profession by its allegiance to its clients, and also its ability to identify inspired and innovative approaches to even some of the most intricate of legal situations. All these include corporate & commercial to civil and criminal litigation, labour problems, family or business dispute resolution, divorce law in addition to estate related matters. We have cultivated a collaborative ethos, where our staff help one another to achieve the very best results for our valued clients.
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.
