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 firms eviction attorneys are professionals in critical eviction notices in Cape Town. Eviction, also recognised in some places as an unlawful detainer, could be a very tough procedure to traverse. Our objective is to assist our customers to deal with the eviction concerns with their commercial property as well as private way of lives in a uncomplicated, effective, specialist and timeous way. We take pride in ourselves concerning our superior work principles and attention to detail.
Tenants Not Paying Rent
One of the major concerns is in which lessees which do not pay the rental and the sub-sequential expulsion of the lessees. That it resides in landlords best interests none the less to terminate the lease and evict the defaulting lessees asap as the key concern ought to be to removed and replace a non-paying tenant with a paying lessee.
Getting Tenants Out
The unauthorized occupier might attend the courtroom hearing on the day it is considered and fight for himself if he believe that the eviction unjustified.
Lease Agreements
Even though it is not a official prerequisite to have a recorded lease contract, it is strongly recommended. The contract should define each of the details– for both the parties– of the tenancy. It provides protection to both of landlord and renter in the event of either one individual reneging on their duties.
Urgent Evictions
Section 5 of the Act deals with urgent eviction processes. Most importantly a lessor must show a court of law that there actually is and would be substantial personal injury to persons (that might include the wrongful occupiers themselves) or even damages to residential or commercial property in the event that the court order does not get granted. An immediate eviction is so compelling, that it enables the unwilling tenant or the wrongful inhabitant to get demanded by the law court to abandon the residential or commercial property inside of 24 hours, failing which the sheriff of the court is permitted to purposely dislodge the unlawful resident off the residential property.
Time & Cost of Evictions
Considering that an occupant may opt to move out of a residential or commercial property at virtually any time during the eviction procedure, the cost can substantially differ with each situation. The rent arrears retrieval processes is in most cases started along with, and functions in line with the application of the eviction process.
Landlords Rights
Regardless of the fact that a solid lease legal contract shortens eviction processes, the absence thereof doesn’t necessarily mean that an unlawful occupants can not be evicted. See more about lease-holders rights here.
Required Documents
The initial step would certainly be normally to secure the subscribed lease arrangement from the applicant and facts of the breaches of the lessee. In the event that the tenant fails to pay out rent, comprehensive specifics of the arrears needs to be supplied by the client.
Eviction attorney in Kewtown. Looking for eviction advice in Kewtown? Rubensteins Attorneys are renowned experts in rapid legal eviction notices for landlords and property owners. Get the help you need today.
Eviction Order Attorneys for Kewtown in Cape Town
Founded in 2008, Rubensteins Attorneys swiftly became one of the top law firms in Cape Town. Evictions are taken care of by Rubensteins Attorneys who are a very proficient an accomplished litigation lawyers with a in depth knowledge of eviction laws in Cape Town and South Africa. Rubensteins hold numerous successful evictions in their portfolio, for both civil and also business clients. These involve company & commercial to civil and criminal litigation, labour problems, family or business dispute resolution, family law in addition to property matters. At Rubensteins we have fostered a collaborative culture, where our team help each other to obtain the very 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.
