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.
To learn more on ways in which our staff could help anyone with evictions, feel free to speak to our eviction professionals. Eviction, additionally known in various regions as an un-lawful detainer, might be a difficult practice to get through. So as to evict an unauthorised occupant from domestic building, the procedure in with regards to schedule 4 as well as 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be abided by. Essentially, the lessor has to secure a subpoena to dislodge an prohibited occupier. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this incorporates urgent eviction notices.
Tenants Not Paying Rent
Landlords in Happy Valley need to stay clear of such unlawful activities as switching locks, or locking the occupant out or cutting off services like water or electricity. There certainly is virtually nothing to prevent a proprietor from dispatching a call for the payable rent payment after the tenant has been extruded.
Getting Tenants Out
Setbacks resulting from stalled action or inappropriate legal procedures commonly generates more legal services fees, loss of rental cash flow and inflated risk of damages to the building.
Lease Agreements
Despite the fact that it isn’t a judicial requirement to possess a documented lease, it’s highly advised. The lease agreement will define each of the terms and conditions– for the two individuals– of the tenancy. It grants safeguards to simultaneously lessor and renter in case of any individual reneging on their duties.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Most notably one has to demonstrate to a law court that there is and will likely be serious personal injury to people (that may include the unauthorised occupiers themselves) or even destruction to property should the order is not approved. An urgent eviction is so formidable, that it enables the recalcitrant resident or the illegal occupant to be ordered by the judge to leave the residential property in less than 24h, declining which the officer of the court is allowed to purposely remove the illegal occupier off the residential property.
Time & Cost of Evictions
As an tenant can elect to move out of a property at virtually any phase throughout the eviction procedure, the price can greatly vary with scenarios. The rental fee arrears recuperation process is normally instituted in addition to, and operates in combination to the application for eviction proceeding.
Landlords Rights
Regardless of the fact that a concrete rental agreement reduces eviction processes, the absence of a lease doesn’t imply that an unlawful residents can not be removed. See more about lease-holders rights here.
Required Documents
The very first step will be usually to obtain the signed lease contract arrangement from the client and specifics of the transgressions of the resident. In the event that the occupant fails to pay out rent, comprehensive specifications of the arrears have to be supplied by the property owner.
Happy Valley Evictions : Are you a landlord or property owner in Cape Town seeking eviction advice? Rubensteins Attorneys in Happy Valley Evictions specialise in fast legal eviction notices.
Eviction Order Lawyers for Happy Valley in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. All evictions are dealt with by Rubensteins Attorneys who are a highly skilled an accomplished litigation lawyers with a extensive knowledge of eviction laws in South Africa. Rubensteins have many successful legal evictions under their belt, for both private and also corporate and business clients. These involve company and commercial to civil & criminal litigation, labour problems, family or business dispute resolutions, divorce law as well as property related dealings. At Rubensteins Attorneys we have fostered a synergistic ethos, where our team support each other to accomplish 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.
