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 eviction legal representatives deal with and supervise all sorts of evictions and rentals recovery matters across Hazendal, Kuils River. Commercial property proprietors and landlords should never fail to under legal standing evict a non-paying lessee and never ever resort to techniques that thwart the legal evacuation of tenants. In review, PIE (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (1998 )) ensures operations for eviction for unauthorised tenants and prohibits unlawful evictions. The principal intention of the Act is simply to safeguard both tenants and landowners. The home owner or landlord must abide by the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they intend to remove a lessee.
Tenants Not Paying Rent
In many places, it is illegal to dislodge a tenant unless all legal procedures are concluded, and this may take few weeks. That it is in landlords best interests never the less to cancel the lease and evict the defaulting lessees as soon as possible as the key concern ought to be to switch a non-paying occupant with a paying leaseholder.
Getting Tenants Out
Lessors which fail to carry an eviction application in good time or abide by the appropriate legal process may need to sustain a prolonged and pricey process.
Lease Agreements
Even though it is not a official prerequisite to possess a prepared lease contract, it’s ardently advocated. The lease agreement ought to define all of the conditions– for both the individuals– of the occupancy. The lease agreement ensures safeguards to both landlord and renter in case of any individual reneging on their obligations.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More significantly a landlord has to explain to a court that there is and will likely be serious personal injury to persons (this might include the unlawful occupants themselves) or damage to residential or commercial property should the request does not get awarded. An emergency eviction is actually so compelling, that it enables the defiant tenant or the illegal occupier to be ordered by the judge to leave the residential or commercial property inside 24h, declining which the officer of the court is authorised to forcefully dislodge the unlawful occupier off the residential property.
Time & Cost of Evictions
As an tenant could choose to move out of a property at any stage throughout the eviction procedure, the costs can greatly vary with circumstances. The rental fee debts recovery process is typically set in motion along with, and runs in combination to the application of the legal eviction procedure.
Landlords Rights
Regardless of the fact that a solid rental agreement streamlines eviction procedures, the lack of a lease doesn’t mean that unauthorised occupants can not be removed. See more about property owners rights here.
Required Documents
The start would certainly be usually to obtain the signed lease arrangement from the client and details of the transgressions of the lessee. In case that the tenant cannot pay for rental, full details of the debts should be provided by the client.
Cape Town eviction guidance. Looking for eviction advice in Hazendal, Cape Town? Trust Rubensteins Attorneys, expert lawyers specialising in fast legal eviction notices for landlords and property owners.
Eviction Attorneys for Hazendal in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly turning into one of the most popular legal solutions firms in Cape Town. Our primary focus is on giving the absolute best legal insight for our clients. Our legal firm in Hazendal undertakes to reach one of the most cost effective and proficient approach to your matters. We aim to create long-lasting and ultimately meaningful relationships with our clients, to invest in them and be a part to their progression and their success.
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.
