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.
We pride our legal representatives can facilitate with all eviction matters in Mabille Park. With evictions, the most crucial action is to stop the financial haemorrhaging. Certainly there are numerous alternate ways that might be used in order to get a evading lessee to abide, the decision of eviction is generally particularly definitive within South African Law. The progression is distinctly itemised and commonly takes between six to twelve weeks from the moment the request is initially officiated upon the occupant up until the time-frames when the renter is directed by the relevant Court or Magistrate to clear the house.
Tenants Not Paying Rent
What can you do if a lessee stops paying rent? Instruct an attorney to begin eviction process? Secure a debt judgment? Or perhaps get to an agreement with the renter that allows him or her to repay what you are owed? That it resides in property owners primary interests however to cancel the lease and evict the non paying lessees asap as the top priority should be to switch a delinquent tenant with a paying tenant.
Getting Tenants Out
An unlawful occupier will be able to go to the court hearing on the day it is set down and protest the process themselves if they believe the eviction is unjustifiable.
Lease Agreements
Though it is not a official condition to possess a documented lease contract, it’s highly advocated. The contract should illustrate all the terms– for both of these parties– of the tenancy. The lease agreement gives safeguard to simultaneously landlord and lessee in case of either one party breaking their committals.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. More significantly one needs to demonstrate to a judge that there is and/or would be significant personal injury to people (that may involve the wrongful inhabitants themselves) alternatively damage to residential or commercial property in case that the request does not get approved. The urgent eviction is actually so compelling, that it allows for the defiant lessee or the wrongful occupant to get required by the judge to abandon the property in less than 1 day, failing which the sheriff of the court is permitted to forcefully evict the illegal resident off the house.
Time & Cost of Evictions
As an occupant may choose to clear a house at any point during the eviction procedure, the outlay can considerably differ with every situation. The rent payment and loss retrieval procedure is usually begun in addition to, and functions in combination to the application of the eviction process.
Landlords Rights
Even though a sound lease contract shortens eviction procedures, the lack of a lease doesn’t necessarily suggest that an illegal tenants can not be dislodged. Find out more about lease-holders rights here.
Required Documents
The very first step should be to secure the signatured rental commitment from the homeowner and particulars of the noncompliance of the resident. In case that the occupant fails to pay rent, complete specifics of the delinquencies needs to be supplied by the client.
Mabille Park Evictions Lawyers in Cape Town, South Africa
Expert eviction advice from Rubensteins Attorneys in Mabille Park, Cape Town. Go-to lawyers for fast legal eviction notices.
Eviction Lawyers for Mabille Park in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly turned into one of the most popular legal solutions firms in Cape Town. Our firms focus is on rendering the very best legal services insight to our clients. All these also include company and commercial to criminal and civil litigation, labor problems, family or business dispute resolution, divorce law in addition to estate related matters. Our aim is to go above and beyond, to exceed expectations and to put our clients requirements foremost.
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.
