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 help you to handle evictions in the correct manner. An eviction attorney-at-law is authority that specialises in eviction legislation and might concentrate on either supporting lessors in Maitland to dislodge tenants or supporting residents from eviction. In order to dislodge an unauthorised tenant from domestic building, the processes in regards to schedule 4 and also 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be complied with. In essence, the landlord will need to obtain a court order to remove an prohibited tenant. Sections 4 to 6 of the Act provides for procedure in case of evictions and this consists of urgent eviction notifications.
Tenants Not Paying Rent
The engagements of tenants as well as landlords are included in statutory, and non-statutory law in South Africa. It really resides in property owners best interests none the less to revoke the lease and evict the defaulting residents asap as the key concern must be to switch a delinquent tenant with a paying renter.
Getting Tenants Out
Though many of us can’t envision a situation occurring where the occupant not only refuses to pay for the rent, yet furthermore decides not to vacate.
Lease Agreements
Your lease should hold a breach clause with it specifying the repercussions of breaching any one of the stipulations of the contract. It is up to you the amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Very significantly one needs to prove to a court that there is and/or would be significant personal injury to individuals (that might include the unlawful occupiers themselves) or damage to residential or commercial property in the event that the order is not granted. The emergency eviction is actually so compelling, that it allows for the unwilling lessee or the illegal inhabitant to get commanded by the court to abandon the property inside 24h, failing which the sheriff of the court is mandated to purposely evict the unlawful resident off the house.
Time & Cost of Evictions
In order to expel a occupant in Cape Town legitimately, optimal way to minimise costs and ultimately losses is to act swiftly and appropriately while staying away from needless setbacks. The rental fee arrears recovery procedure is normally initiated along with, and functions in conjunction to the application for eviction processes.
Landlords Rights
Though a iron clad rental contract shortens eviction processes, the absence of a lease agreement doesn’t suggest that an unlawful occupants cannot be removed. See more about property owners rights here.
Required Documents
The initial step will be to attain the signatured lease agreement from the applicant and facts of the infringements of the resident. In case of the lessee cannot compensate rent, complete particulars of the delinquencies needs to be provided by the client.
Looking for eviction advice? Contact Rubensteins Attorneys, the best eviction lawyer in Maitland, Cape Town. Experts in fast legal eviction notices for landlords and property owners.
Eviction Attorneys for Maitland in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly became one of the leading law firms in Cape Town. Our priority is on ensuring the absolute best legal services advice for our clients. Our legal firm in Maitland undertakes to achieve the absolute most cost effective and efficient approach to your problems. We aim to build long-lasting and ultimately meaningful relationships with our clients, to commit to them and be a part of their progress & their success.
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.
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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.
