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.
Being representative residential or commercial property attorneys in Oakdene, (Blackheath) we act for property owners, residential or commercial property managers and rentals real estate agents concerning renter embroilments as well as evictions. Whenever an eviction lawyer represents a property owner, he or she will typically prepare his/her property owner as to whether or not he/she has grounds to evict the lessee and after that organise, submit, and serve the eviction papers and represent his or her homeowner in court. Our expert eviction legal representatives are acquainted with the PIE Act and the requirements pertaining to our local courts and processes which tackle evictions & local rental collections.
Tenants Not Paying Rent
The duties of leaseholders as well as lessors are protected in statutory, and also non-statutory law in South Africa. Of course, there is nothing to prevent a proprietor from putting out a command for the delinquent rent payment after the occupant has been evicted.
Getting Tenants Out
An wrongful tenant might turn up the courtroom hearing on the day it is set down and defend himself if he believes the eviction is unjustifiable.
Lease Agreements
Even-though it is not deemed a official requirement to possess a drafted lease arrangement, it’s strongly advised. The lease must outline all of the terms and conditions– for each of the individuals– of the occupancy. The lease contract provides security to both property owner and renter in the circumstance of either individual breaking their commitments.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction processes. More significantly an individual must prove to a law court that there is and will likely be serious injury to persons (this can consist of the unlawful inhabitants themselves) or even destruction to residential or commercial property should the court order is not approved. The urgent eviction is actually so powerful, that it allows for the defiant tenant or the prohibited occupier to get ordered by the court to vacate the building inside 1 day, failing which the officer of the court is allowed to emphatically dislodge the wrongful resident off the house.
Time & Cost of Evictions
In order to expel a occupant in Blackheath under legal standing, optimal way to significantly lower expenses and losses is to operate swiftly and proficiently whilst preventing needless postponements. The rental arrears recuperation procedure is normally initiated alongside, and functions in conjunction to the application for eviction proceeding.
Landlords Rights
Despite the fact that a concrete rental contract simplifies eviction practices, the absence of a lease doesn’t necessarily suggest that unlawful tenants can not be subject to an eviction. Read more about property owners rights here.
Required Documents
The very first step will be usually to find the signatured rental agreement from the applicant and specifics of the infringements of the resident. In case that the tenant fails to pay for rental, comprehensive particulars of the delinquencies should be supplied by the lessor.
Eviction Notice Attorneys for Oakdene in Cape Town
Established in 2008, Rubensteins Attorneys swiftly turned into one of the major law firms in Cape Town. Having indeed built a reputable name for excellence, Rubensteins is recognised in its own field by its allegiance to its customers, as well as its strength to identify inspired and innovative solutions to even the most intricate of law issues. Each of our clients benefit from our exceptional expertise in all key fields of South African law. We aspire to create lasting and meaningful partnerships with our clients, to invest in their legal issues and be a part of their progress & 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.
