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 representatives manage and supervise all varieties of evictions and rent recovery issues across Rondebosch East, Cape Town. Residential property operators as well as lessors have to never fail to by law evict a non-paying tenant and by no means turn to methods that refute the legitimate evacuation of occupants. In terms of the Constitution of South Africa, No one may be forced out from their home, or have their home demolished, without an order of a South African court only made after taking into account all of the relevant scenarios. Absolutely no regulations could authorise arbitrary evictions.” PIE lays out the procedure to be adhered to when it comes to these types of evictions.
Tenants Not Paying Rent
Among the most significant issues is that of tenants which do not pay the rent & the following eviction of the lessees. It really resides in landlords primary interests never the less to revoke the lease and evict the non paying occupants immediately as the key concern ought to be to switch a non-paying tenant with a paying lessee.
Getting Tenants Out
Setbacks coming from postponed action or improper legal approaches often causes more legal expenses, loss of rentals revenue and increased risk of damages to the residential or commercial property.
Lease Agreements
Although it isn’t a official criteria to possess a documented lease contract, it’s definitely advocated. The lease will outline each of the details– for each of the parties– of the occupancy. The lease provides safeguards to simultaneously property owner and tenant in case of either individual reneging on their committals.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most significantly one has to explain to a magistrate that there certainly is and would be considerable personal injury to individuals (that may incorporate the unlawful occupants themselves) alternatively destruction to the property in case that the request is not granted. An urgent eviction is so compelling, that it offsets the defiant resident or the prohibited inhabitant to be required by the judge to vacate the residential property inside 1 day, declining which the officer of the court is allowed to emphatically evict the unlawful resident off the home.
Time & Cost of Evictions
Considering that an tenant could decide to retract from a house at just about any stage throughout the eviction procedure, the cost can greatly fluctuate with scenarios. The rent payment and loss recuperation procedure is generally set in motion in addition to, and runs in combination to the application of the eviction process.
Landlords Rights
Even though a iron clad rental legal contract streamlines eviction processes, the absence of a lease doesn’t necessarily mean that an unlawful tenants can not be evicted. See more about lease-holders duties & rights here.
Required Documents
The very first step would certainly be normally to secure the signatured lease contract arrangement from the applicant and specifics of the infringements of the tenant. In case of the lessee cannot compensate rent, full specifications of the delinquencies have to be supplied by the property owner.
Rondebosch East Eviction Lawyers : Are you a landlord or property owner in Rondebosch East, Cape Town, seeking eviction advice from a lawyer? Look no further! Rubensteins Attorneys are the experts in fast legal eviction notices. Contact us today.
Eviction Attorneys for Rondebosch East in Cape Town
Founded in 2008, Rubensteins Attorneys swiftly became one of the leading attorneys in Cape Town. All evictions are handled by Rubensteins Attorneys who are a highly proficient an accomplished litigation lawyers with a detailed understanding of eviction laws in Cape Town. Rubensteins hold many successful eviction cases in their past record, for both residential as well as corporate and business clients. Our legal firm in Rondebosch East resolves to reach the most cost effective and proficient handling of your problems. Irrespective of just how daunting or complicated the mandate, we will certainly supply crystal clear, functional and commercially-sensible 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.
