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.
Professional assistance and representation with a selection of eviction related difficulties. Your home or business may be an income-earning investment to you, but to your occupants it is their household. So exactly what does one do as your tenant cannot pay the rent and ends up in breach of the lease commitment? For you to remove an unauthorised occupier from household property, the process in terms of schedule 4 and also 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 will need to be complied with. Generally, the owner needs to obtain a subpoena to remove an unlawful inhabitant. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this includes urgent eviction declarations.
Tenants Not Paying Rent
But what would you do if the lessee simply ends paying their rent, and it eventually becomes apparent that they has no plan of settling? Certainly there is virtually nothing to stop a landlord from issuing a command for the past due rental immediately after the lessee has actually been expelled.
Getting Tenants Out
Lessors which do not carry an eviction application in good time or adopt the proper legal processes may well have to survive a extensive and very expensive procedure.
Lease Agreements
Though it isn’t a judicial requirement to possess a prepared lease, it is ardently recommended. The contract ought to outline all of the terms– for both individuals– of the tenancy. It grants safeguard to both landlord and occupant in case of any party reneging on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very notably one needs to show a court of law that there actually is and or will likely be substantial personal injury to people (that might incorporate the wrongful inhabitants themselves) alternatively damages to the property in case that the court order does not get awarded. An immediate eviction is actually so formidable, that it enables the unwilling resident or the wrongful occupant to get ordered by the judge to move out of the residential property inside of 24 hours, declining which the sheriff of the court is permitted to purposely evict the unlawful tenant off the residential property.
Time & Cost of Evictions
To expel a occupant in Somerset West legally, optimal way to reduce expenses and inevitably losses is to act swiftly and properly whilst staying away from unnecessary hold-ups. The rental fee and loss recovery processes is normally begun along with, and operates in line with the application for legal eviction proceeding.
Landlords Rights
Even though a iron clad lease contract streamlines eviction process, the lack of a lease doesn’t necessarily suggest that an illegal tenants cannot be evicted. Find out more about property owners rights here.
Required Documents
The very first step will be usually to secure the subscribed rental agreement from the applicant and details of the neglects of the resident. In case of the occupant fails to pay for rent, comprehensive specifications of the arrears must be given by the client.
Proof of property ownership
The lease
Transaction history of what is owed
A thorough record of what has transpired
A foundation of compensations or danger to a person
Expert Eviction Attorney for Parel Vallei Evictions in Cape Town
Expert eviction lawyers in Parel Vallei - Rubensteins Attorneys. Get fast and legal eviction guidance from our experienced team of attorney specialists.
Eviction Order Lawyers for Parel Vallei in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the most popular law firms in Cape Town. Having already built a track record for excellence, Rubensteins is distinguished in the industry by its allegiance to its customers, and also its capacity to identify resourceful and effective strategies to even the most intricate of legal dilemmas. All these areas include company and commercial to criminal and civil lawsuits, labor problems, family or business dispute resolution, divorce law in addition to estate related matters. Regardless of just how demanding and / or intricate the decree, we will provide clear, efficient and commercially-sound legal advice.
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.
