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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.
Our eviction lawyers deal with and supervise all varieties of evictions and rentals recovery matters all over Lochnerhof, Strand. It is important for any property owner or entrepreneur having a letting portfolio to familiarise themselves with the PIE Act and the numerous practices it maps out for officially handling offending leaseholders. Evictions in regards to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
In lots of places, it is unlawful to force out a tenant unless all legal procedures are over, and this may take months. It resides in property managers best interests nevertheless to revoke the lease and evict the non paying residents quickly as the priority ought to be to switch a delinquent lessee with a paying lessee.
Getting Tenants Out
Even though a number of us can not envision a circumstance emerging in which the tenant not only refuses to produce the rent, but furthermore decides not to move out.
Lease Agreements
A good lease agreement should hold a delinquency paragraph with it describing the penalties of breaching one of the conditions of the contract. It is up to the owner the amount of lenience you wish to show thereafter.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. More significantly one will need to prove to a judge that there actually is and would be considerable personal injury to people (this may consist of the wrongful occupants themselves) alternatively damages to property in case that the order does not get granted. The emergency eviction is so formidable, that it offsets the unwilling tenant or the illegal inhabitant being ordered by the judge to abandon the residential or commercial property in less than 24 hours, neglecting which the sheriff of the court is permitted to emphatically dislodge the unauthorised tenant off the home.
Time & Cost of Evictions
In order to expel a lease holder in Strand legitimately, optimal way to minimize expenses and ultimately losses is to act quickly and effectively whilst steering clear of avoidable setbacks. The rental fee arrears recovery process is typically launched alongside, and operates in combination to the application for eviction process.
Landlords Rights
Even-though a strong rental contract reduces eviction process, the lack of a lease doesn’t imply that unlawful tenants cannot be subject to an eviction. Find out more about property owners duties & rights here.
Required Documents
The start should be normally to get the acknowledged rental commitment from the homeowner and particulars of the noncompliance of the resident. In the event of the tenant fails to pay out rental, full particulars of the arrears needs to be provided by the client.
Expert eviction advice from Rubensteins Attorneys in Lochnerhof, Cape Town. Specializing in fast legal eviction notices for landlords and property owners. Get help today.
Eviction Order Lawyers for Lochnerhof in Cape Town
Formed in 2008, Rubensteins Attorneys quickly turned into one of the most popular law firms in Cape Town. Having already cultivated a track record for efficiency, Rubensteins is distinguished in the profession by its devotion to its clients, and its strength to find creative and innovative resolutions to even the most complex of legal issues. All these areas involve corporate & commercial to criminal and civil lawsuits, labor problems, family or business dispute resolution, family law together with estate related dealings. We aim to create lasting and meaningful partnerships with our clients, to commit to them and be a part of their growth and their prosperity.
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.