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 residential or commercial property practitioners are furthermore equipped to manage evictions regarding residential or commercial properties located Runkel, (Bellville) all throughout Cape Town. An eviction attorney-at-law is a specialist in eviction legislation and can concentrate on either supporting property owners in Runkel to dislodge occupants or standing up for tenants from unlawful evictions. In order to remove an unlawful occupier from domestic building, the course of action in with regards to schedule 4 and 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be followed. Essentially, the landlord has to acquire a subpoena to dislodge an prohibited occupant. Sections 4 to 6 of the Act attends to procedure in the event of evictions and this involves urgent eviction notifications.
Tenants Not Paying Rent
On the other hand exactly what would you do if the occupant just ceases paying for rent, and it becomes clear that she or he have zero intention of settling? Generally there is virtually nothing to stop a proprietor from putting out a command for the overdue rent payment immediately after the renter has actually been evicted.
Getting Tenants Out
Setbacks arising from delayed action or erroneous legal approaches normally provokes extra legal services costs, loss of rentals cash flow and increased risk of damages to the property.
Lease Agreements
Your lease agreement must contain a noncompliance condition in it detailing the consequences of breaching one of the stipulations of the lease agreement. It is then up to the owner just how much lenience you wish to show.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Most importantly one needs to prove to a judge that there is and will be considerable injury to individuals (this could incorporate the unlawful tenants themselves) or else damages to property in case that the order does not get awarded. The emergency eviction is so compelling, that it allows for the recalcitrant tenant or the unlawful inhabitant to be required by the law court to move out of the building inside of 1 day, failing which the officer of the court is permitted to purposely dislodge the wrongful tenant off the residential or commercial property.
Time & Cost of Evictions
As an tenant might opt to part with a house at pretty much any time during the eviction process, the cost can drastically differ with each situation. The rent and loss retrieval processes is often instituted in addition to, and works in conjunction to the application for legal eviction proceeding.
Landlords Rights
Even-though a strong rental agreement reduces eviction practices, the absence of a lease agreement does not necessarily mean that unauthorised tenants can not be evicted. Read more about landlords rights and duties here.
Required Documents
The initial step would certainly be to get the signed lease contract agreement from the applicant and particulars of the infringements of the lessee. In case of the occupant cannot pay rental, comprehensive particulars of the debts needs to be supplied by the lessor.
Eviction Support in Cape Town Assisting Runkel Residents
Seeking eviction advice in Cape Town? Runkel Evictions, with Rubensteins Attorneys, offers expertise in fast legal eviction notices for landlords and property owners in Runkel.
Eviction Order Attorneys for Runkel in Cape Town
Founded in 2008, Rubensteins Attorneys quickly became one of the leading attorneys in Cape Town. All evictions are taken care of by Rubensteins Attorneys who is a exceptionally competent an accomplished litigation lawyers with a detailed understanding of eviction laws in South Africa. Rubensteins have many successful eviction cases under their belt, for civil in addition to commercial clients. Each of our clients benefit from our extensive knowledge with all key fields of the law. Our goal is to go above and beyond, to exceed expectations and to put our valued clients requirements 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.
