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.
Fast forward your eviction order with our eviction professionals in Houghton. Once an eviction lawyer or attorney represents a landlord, they may ordinarily prepare his or her property owner as to if he or she has grounds to evict the renter and after that organise, submit, and serve the eviction documents and defend his or her property owner in courtroom. In essence, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act provides procedures for eviction of illegal occupants and prohibits unlawful evictions. The principal aim of the Act is simply to guard both occupants and property owners. The home owner or lessor needs to comply with the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they would like to evict a tenant.
Tenants Not Paying Rent
The duties of leaseholders and also lessors are addressed in statutory, and non-statutory legislation in South Africa. There is virtually nothing to stop a property owner from putting out a summons for the unsettled rental after the tenant has been removed.
Getting Tenants Out
Property owners that fail to deliver an eviction application in decent time or follow the right legal processes can need to survive a long and pricey experience.
Lease Agreements
A good lease agreement needs to hold a infraction paragraph in it outlining the results of breaching any one of the terms of the lease contract. It is up to the owner how much leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. Very notably an individual will need to show a court of law that there is and/or will likely be considerable injury to people (that may incorporate the unlawful occupiers themselves) or else damage to residential or commercial property should the court order does not get granted. An emergency eviction is actually so formidable, that it offsets the defiant resident or the unlawful occupier being demanded by the judge to abandon the residential property inside 24h, neglecting which the sheriff of the court is mandated to purposely dislodge the prohibited tenant from the residential or commercial property.
Time & Cost of Evictions
Since an occupant can elect to retract from a home at any time throughout the eviction procedure, the outlay can greatly fluctuate with each situation. The rent debts retrieval process is normally instituted in addition to, and works in line with the application for the eviction plan.
Landlords Rights
Even though a sound rental agreement shortens eviction steps, the lack thereof doesn’t imply that unauthorised residents can’t be dislodged. Find out more about landlords rights here.
Required Documents
The very first step would be normally to attain the subscribed lease agreement from the client and details of the neglects of the renter. In the event that the occupant fails to pay out rental, full specifications of the delinquencies must be presented by the client.
Houghton Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are the experts in fast legal eviction notices for landlords and property owners in Houghton. Trust our experienced attorneys for efficient legal assistance.
Eviction Lawyers for Houghton in Cape Town
Formed in 2008, Rubensteins Attorneys is fast turning into one of the top law firms in Cape Town. Our primary aim is on offering the superb legal services guidance for our valued clients. All these areas include company & commercial to civil & criminal lawsuits, labour issues, business or family dispute resolution, divorce law in addition to property related transactions. At Rubensteins Attorneys we have cultivated a collaborative ethos, in which our team support each other to accomplish the 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.
