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 residential property legal advisers are moreover able to tackle evictions on commercial properties situated Heathfield, (Cape Town) across Cape Town. Anytime an eviction law firm represents a property manager, she / he may typically counsel his or her client about whether or not they has justifications to evict the renter and then put together, file, and serve the eviction documentations and defend his homeowner in law court. Evictions in relations to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
In a large number of areas, it is against the law to force out a tenant unless all court proceedings are concluded, and this might take months. It really is in property managers best interests never the less to terminate the lease and evict the non paying occupants as soon as possible as the key concern ought to be to switch a delinquent tenant with a paying leaseholder.
Getting Tenants Out
Property managers that fail to carry an eviction application in good time or adopt the right legal procedures can need to endure a lengthy and expensive experience.
Lease Agreements
Having a solid lease should have a noncompliance proviso with it laying out the penalties of breaching any of the stipulations of the lease agreement. It is up to you just how much lenience you wish to show.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction proceedings. More significantly an individual will need to show a magistrate that there certainly is and or will be significant personal injury to individuals (this can include the wrongful occupants themselves) or even destruction to property if the order does not get approved. An immediate eviction is so powerful, that it allows for the recalcitrant lessee or the prohibited occupier being ordered by the judge to vacate the home inside of 24 hours, declining which the sheriff of the court is mandated to purposely dislodge the wrongful tenant from the estate.
Time & Cost of Evictions
As an lessee could decide to vacate a home at just about any stage through the eviction procedure, the outlay can dramatically differ with every circumstance. The rent arrears recovery procedure is often set in motion along with, and works in combination to the application for eviction process.
Landlords Rights
Though a concrete lease contract reduces eviction steps, the lack of a lease agreement doesn’t imply that unlawful occupants can not be evicted. Find out more about landlords rights & duties here.
Required Documents
The very first step will be to find the subscribed lease contract agreement from the homeowner and facts of the infringements of the lessee. In case of the tenant cannot compensate rent, comprehensive specifications of the delinquencies have to be presented by the lessor.
Heathfield Evictions : Are you a landlord or property owner in Heathfield? Seek eviction advice from Rubensteins Attorneys, experts in fast legal eviction notices. Contact our Cape Town eviction lawyers today.
Eviction Lawyers for Heathfield in Cape Town
Formed in 2008, Rubensteins Attorneys is fast becoming one of the top legal in Cape Town. All evictions are handled by Rubensteins Attorneys who are a exceptionally skilled an experienced litigation attorneys with a exhaustive understanding of eviction laws in South Africa. Rubensteins have numerous successful evictions in their past record, for civil and also corporate clients. All these include company & commercial to criminal & civil litigation, labor disputes, business or family dispute resolution, family law as well as estate related transactions. Our intention is to go above and beyond, to exceed expectations and to put our valued clients requirements above all 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.
