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 Hill View. Many stubborn occupiers retract just after being given the initial stipulation from an lawyer to do so. Many other put up a fight and continue being inside of the property for longer. In order to expel an prohibited tenant from domestic property, the procedure in relations to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be followed. Fundamentally, the owner will have to get a legal order to expel an un-lawful inhabitant. Sections 4 to 6 in the Land Act provide for process incase of evictions, including with regard to immediate eviction.
Tenants Not Paying Rent
The duties of tenants together with landlords are addressed in statutory, and non-statutory law in South Africa. Certainly there is nothing to prevent a lessor from putting out a call for the past due rent payment after the renter has been extruded.
Getting Tenants Out
The unauthorized occupier could go to the courtroom hearing on the day the case is ascribed and defend themselves should they believe that the eviction is unjustifiable.
Lease Agreements
A lease agreement ought to hold a breach clause in it outlining the results of breaching any one of the stipulations of the lease agreement. It is then up to you what amount of lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very importantly a landlord must explain to a magistrate that there certainly is and will likely be serious injury to individuals (this can incorporate the unlawful occupants themselves) or even destruction to property if the request is not approved. The immediate eviction is so powerful, that it offsets the recalcitrant resident or the illegal occupier to get ordered by the court to abandon the property within 24h, failing which the officer of the court is authorised to purposely remove the prohibited inhabitant from the property.
Time & Cost of Evictions
Since an lessee could opt to clear a home at virtually any stage during the eviction procedure, the price can dramatically fluctuate with circumstances. The rental fee and loss recovery processes is usually started in addition to, and operates in line with the application of the legal eviction process.
Landlords Rights
Despite the fact that a concrete lease agreement reduces eviction procedures, the absence of a lease doesn’t mean that unauthorised tenants cannot be evicted. See more about landlords rights here.
Required Documents
The initial step should be normally to get the acknowledged lease contract commitment from the homeowner and particulars of the breaches of the resident. In the event that the occupant cannot pay for rental, full details of the arrears must be provided by the landlord.
Looking for eviction advice in Hillview, Cape Town? Rubensteins Attorneys, experts in fast legal eviction notices, are here for landlords and property owners. Contact us now.
Eviction Notice Lawyers for Hill View in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the leading legal services firms in Cape Town. Our firms focus is on giving the superb legal insight to our valued clients. Our firm in Hill View resolves to achieve the most affordable and efficient handling of your problems. Our aim is to go above and beyond, to rise above expectations and to put our clients needs 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.
