TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
Step 1.
Letter of Demand
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 ways in which our staff could assist you with evictions, don’t wait to consult with our eviction experts. Your house could be an income-earning asset to you, however to your tenants it is their house. So just what does one do after your boarder fails to pay the rental and lands up in obstruction of the lease agreement? So as to remove an illegal occupant from non commercial property, the process in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be complied with. Primarily, the owner will have to acquire a order to oust an unlawful occupier. Sections 4 to 6 of the Act provides for procedure incase of ejections, including for immediate eviction.
Tenants Not Paying Rent
One of the largest problems is when occupants who do not pay the rental payment and the following eviction of the lessees. Generally there is nothing to stop a proprietor from dispatching a summons for the delinquent rent payment after the lessee has actually been extruded.
Getting Tenants Out
An wrongful tenant is able to go to the court hearing on the day it is set down and dispute the process himself if he believe that the eviction is unfair.
Lease Agreements
A lease agreement must contain a contravention proviso in it specifying the consequences of breaching any of the conditions of the lease agreement. It is then up to you what amount of leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. More importantly an individual must show a judge that there is and/or will be serious personal injury to persons (that can consist of the unauthorised tenants themselves) or even damage to residential or commercial property if the court order does not get awarded. The immediate eviction is actually so effective, that it allows for the unwilling lessee or the illegal inhabitant to be ordered by the judge to leave the property in less than 24 hours, neglecting which the officer of the court is authorised to forcefully evict the prohibited inhabitant from the residential or commercial property.
Time & Cost of Evictions
To expel a tenant in Cape Town legitimately, the most effective way to reduce expenses and inevitably losses is to act quickly and effectively whilst eliminating unnecessary setbacks. The rental and loss recuperation process is in most cases set in motion hand and hand, and works in conjunction to the application of the legal eviction plan.
Landlords Rights
Even-though a firm rental legal contract shortens eviction processes, the absence of a lease agreement doesn’t mean that an unlawful occupants can not be subject to an eviction. Read more about property owners rights here.
Required Documents
The initial step should be normally to get the signed lease contract agreement from the applicant and facts of the infringements of the tenant. In case that the lessee fails to pay for rent, full details of the delinquencies must be presented by the lessor.
Plumstead Evictions : Are you a landlord or property owner in need of eviction advice? Consult the expert attorneys at Rubensteins Attorneys in Plumstead Evictions, Cape Town for fast and reliable legal eviction notices.
Eviction Attorneys for Plumstead in Cape Town
Established in 2008, Rubensteins Attorneys is quickly becoming one of the leading legal solutions firms in Cape Town. Evictions are taken care of by Rubensteins Attorneys who are a highly competent an accomplished litigation lawyers with a comprehensive knowledge of eviction laws in South Africa. Rubensteins have numerous successful legal evictions under their belt, for both civil in addition to corporate clients. Our firm in Plumstead undertakes to reach some of the most cost effective and proficient handling of your matters. Our intention is to go above and beyond, to rise above expectations and to place our valued clients needs 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.
