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.
For more details on the best way we are able to assist anyone with evictions, don’t hesitate to get in touch with our eviction consultants. Eviction, also known in a number of regions as an unlawful detainer, may be a challenging process to understand. A proprietor cannot take the law into his/her own hands in the case that a renter ceases paying for their rent.
Tenants Not Paying Rent
On the other hand precisely what should you do if the lessee simply ceases paying rent, and also it eventually becomes evident that they have zero intention of paying out? Certainly there is nothing to prevent a property owner from dispatching a command for the payable rental fee after the tenant has been expelled.
Getting Tenants Out
Setbacks arising from stalled action or erroneous legal steps frequently generates increased legal costs, loss of rental revenue and extended risk of damages to the residence.
Lease Agreements
Though it is not regarded a judicial prerequisite to have a prepared lease agreement, it is definitely recommended. The contract will spell out each of the details– for both of these individuals– of the occupancy. The lease grants security to both property owner and renter in the event of either one individual breaking their obligations.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very notably a lessor has to explain to a court of law that there actually is and or will be significant personal injury to persons (that could incorporate the unauthorised tenants themselves) alternatively damage to property in case that the request does not get awarded. An urgent eviction is so formidable, that it enables the defiant resident or the illegal occupant being required by the court to vacate the home in less than 1 day, neglecting which the sheriff of the court is mandated to purposely evict the unauthorised tenant off the home.
Time & Cost of Evictions
In order to remove a resident in Cape Town legally, optimal way to minimize expenses and losses is to act efficiently and proficiently whilst staying away from avoidable delays. The rent payment and loss recuperation processes is often begun alongside, and works in conjunction to the application for the eviction procedure.
Landlords Rights
Even-though a concrete rental agreement simplifies eviction practices, the absence thereof does not necessarily mean that an unlawful tenants can not be evicted. Find out more about landlords duties and rights here.
Required Documents
The very first step would be normally to attain the subscribed lease contract arrangement from the client and specifics of the transgressions of the lessee. In case that the occupant fails to pay rental, full specifics of the delinquencies needs to be supplied by the client.
Eviction Lawyer for Oude Molen Village in Cape Town
Oude Molen Village eviction notice. Looking for eviction advice in Oude Molen Village? Turn to Rubensteins Attorneys, your expert lawyers specialising in fast legal eviction notices for landlords and property owners.
Eviction Order Attorneys for Oude Molen Village in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly turned into one of the leading law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a highly competent an experienced litigation lawyers with a detailed understanding of eviction laws in Cape Town and South Africa. Rubensteins hold numerous successful eviction cases under their belt, for both private in addition to corporate and business clients. Our clients benefit from our exceptional knowledge in all key areas of local law. We endeavour to build lasting and meaningful partnerships with our clients, to invest in them and ultimately be a part of their growth and 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.
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.
