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.
Speed up an eviction demand with our eviction specialists in Green Point. In many places, eviction, specifically a real estate eviction, is judged as being a very serious issue. In order to expel an wrongful tenant from domestic property, the process in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be abided by. Primarily, the lessor needs to obtain a court order to oust an un-lawful tenant. The sections 4 to 6 of the Land Act provides for procedure in the event of evictions, including with regard to immediate eviction.
Tenants Not Paying Rent
Some of the greatest problems is that of occupants which do not pay the rent and the following expulsion of the tenants. It really resides in property owners primary interests nonetheless to terminate the lease and evict the defaulting occupants asap as the priority ought to be to removed and replace a non-paying tenant with a paying lessee.
Getting Tenants Out
While a number of us can’t imagine a circumstance happening where the renter not only chooses not to settle the rent, but furthermore decides not to move out.
Lease Agreements
Whilst it is not regarded a legal prerequisite to have a prepared lease contract, it’s ardently recommended. The contract must outline each of the terms– for both equally parties– of the tenancy. It ensures protection to simultaneously lessor and tenant in the circumstance of either individual breaking their responsibilities.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. More importantly a landlord needs to demonstrate to a law court that there is and or will be serious injury to individuals (that might consist of the wrongful occupants themselves) or even damages to the property if the order does not get granted. The emergency eviction is actually so compelling, that it allows for the recalcitrant tenant or the unlawful occupier to get commanded by the court to leave the home inside of 24 hours, failing which the sheriff of the court is permitted to forcefully dislodge the unauthorised resident from the residential or commercial property.
Time & Cost of Evictions
To expel a lease holder in Cape Town lawfully, optimal way to minimize expenses and losses is to operate quickly and properly while staying away from needless postponements. The rental payment debts retrieval processes is frequently set in motion along with, and operates in line with the application for legal eviction process.
Landlords Rights
Although a strong lease contract simplifies eviction procedures, the lack of a lease doesn’t necessarily suggest that unauthorised occupants cannot be removed. Find out more about landlords rights and duties here.
Required Documents
The very first step will be to get the signatured lease arrangement from the applicant and facts of the contraventions of the lessee. In case that the occupant cannot pay for rental, complete details of the debts must be presented by the landlord.
Get expert eviction help from Rubensteins Attorneys in Green Point, Cape Town. Fast legal eviction notices for landlords and property owners. Contact us today.
Eviction Notice Lawyers for Green Point in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the leading law firms in Cape Town. Having indeed cultivated a reputation for excellence, Rubensteins is marked in the profession by its allegiance to its clients, and also its competency to discover resourceful and original resolutions to even some of the most complex of legal challenges. All these involve company and commercial to civil & criminal litigation, labor problems, business or family conflict resolutions, divorce law together with property dealings. We aspire to build long-lasting and meaningful relationships with our clients, to invest in their legal issues and be an instrument of their growth and their prosperity.
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.
