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Step 1.
Letter of Demand
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 find out more on exactly how our staff may assist anyone with evictions, don’t wait to speak with our eviction practitioners. It is crucial for any kind of property manager or investor with a rental portfolio to familiarise themselves with the PIE Act together with the various methods it sets out for lawfully overcoming offending occupants. Currently there are numerous different methods which may be employed to get a evading occupant to abide, the option of eviction is very conclusive within South African Law. The proceeding is clearly specified and ordinarily takes between 6 to 12 weeks from the time the application is first served upon the renter until the dates when the lessee is told by the relevant Judge or Magistrate to part with the home.
Tenants Not Paying Rent
On the other hand just what should you do if the occupant just halts paying their rent, and it becomes apparent that she or he have no plan of compensating? There really is nothing at all to prevent a property owner from dispatching a command for the delinquent rent immediately after the tenant has actually been expelled.
Getting Tenants Out
Proprietors which fail to deliver an eviction application in good time or comply with the proper legal procedures can have to survive a long and pricey procedure.
Lease Agreements
A good lease agreement ought to contain a contravention condition in it describing the repercussions of breaching one of the terms of the lease agreement. It is then up to you the amount of lenience you wish to show thereafter.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Very importantly a lessor will need to demonstrate to a court that there certainly is and/or will be significant injury to individuals (this can involve the unauthorised tenants themselves) or else damages to residential or commercial property if the court order does not get granted. The emergency eviction is actually so formidable, that it allows for the defiant tenant or the illegal inhabitant being ordered by the judge to move out of the home inside of 24h, failing which the officer of the court is permitted to purposely dislodge the illegal inhabitant off the home.
Time & Cost of Evictions
Since an resident might decide to part with a house at any stage during the eviction proceeding, the price can drastically fluctuate with each situation. The rental payment and loss recuperation procedure is usually instituted in addition to, and works in combination to the application of the eviction process.
Landlords Rights
Regardless of the fact that a sound rental legal contract simplifies eviction procedures, the lack of a lease agreement does not necessarily suggest that unauthorised occupants cannot be evicted. Read more about landlords rights here.
Required Documents
The first step will be normally to attain the signatured lease contract commitment from the client and details of the noncompliance of the renter. In case of the lessee cannot pay out rent, comprehensive particulars of the arrears must be supplied by the property owner.
Evictions in Hillrise, Cape Town Legal Support by Expert Lawyers
Hillrise Evictions - Need eviction advice? Trust the experts in fast legal eviction notices – Rubensteins Attorneys, the go-to lawyers for landlords and property owners in Hillrise, Cape Town.
Eviction Order Lawyers for Hillrise in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the leading attorneys in Cape Town. Having acquired a reputation for excellence, Rubensteins is marked in its own field by its dedication to its customers, and also its aptitude to discover productive and original strategies to even some of the most challenging of legal problems. These also include corporate and commercial to criminal & civil litigation, labour issues, business or family conflict resolution, family law in addition to property related dealings. We have fostered a synergistic ethos, where our team help each other to accomplish the greatest results for our 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.
