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 legal professionals can guide you to carry out evictions quickly. Once an eviction law firm defends a property manager, she / he would typically prepare his or her client as to if he/she has good grounds to evict the occupant and after that put together, file, and serve the eviction documentations and represent his/her homeowner in courtroom. Our expert eviction lawyers are acquainted with the PIE Act along with the demands of our district law courts and processes that handle evictions & rental recoveries.
Tenants Not Paying Rent
The accountabilities of tenants along with property owners are included in statutory, and also non-statutory law in South Africa. It resides in landlords primary interests nevertheless to revoke the lease and evict the defaulting residents as soon as possible as the priority should be to switch a delinquent occupant with a paying resident.
Getting Tenants Out
An wrongful tenant could go to the courtroom hearing on the day it is considered and protest the process himself if he believes the eviction unwarranted.
Lease Agreements
Even though it is not a judicial prerequisite to possess a prepared lease contract, it is highly recommended. The contract needs to define all of the conditions– for both the parties– of the occupancy. The lease contract gives security to both property owner and tenant in case of either one individual reneging on their committals.
Urgent Evictions
Section 5 of the Act deals with urgent eviction processes. Very importantly a property owner has to prove to a court of law that there actually is and or will likely be considerable personal injury to individuals (that can consist of the wrongful occupants themselves) or even destruction to residential or commercial property should the request does not get approved. The immediate eviction is so formidable, that it offsets the unwilling tenant or the wrongful occupier to be demanded by the judge to abandon the building in less than 1 day, neglecting which the sheriff of the court is mandated to purposely evict the prohibited occupier off the residential property.
Time & Cost of Evictions
As an resident might elect to clear a property at virtually any phase during the eviction process, the price can greatly vary with scenarios. The rental payment arrears recuperation procedure is frequently instituted along with, and runs in line with the application of the eviction process.
Landlords Rights
Even-though a solid lease contract shortens eviction processes, the lack of a lease agreement does not necessarily mean that unauthorised occupants can not be evicted. Find out more about property owners rights here.
Required Documents
The initial step would certainly be normally to attain the subscribed rental arrangement from the applicant and facts of the breaches of the renter. In the event of the occupant fails to pay for rent, complete specifics of the delinquencies needs to be provided by the lessor.
Best eviction attorney in Longlands. Looking for eviction advice in Longlands, Cape Town? Rubensteins Attorneys are experts in fast eviction notices for landlords and property owners. Get in touch now.
Eviction Order Attorneys for Longlands in Cape Town
Established in 2008, Rubensteins Attorneys swiftly turned into one of the most popular legal in Cape Town. Our primary focus is on providing the superb legal guidance for our clients. Our clients benefit from our extensive knowledge with all key areas of local law. Our aim is to go above and beyond, to exceed expectations and to place our clients requirements 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.
