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 firm eviction lawyers administer and look after all types of evictions and also rental recovery affairs all over Salt River, Cape Town. Eviction, additionally recognised in several regions as an un-lawful detainer, might be a hard action to navigate. In order to remove an wrongful occupant from non commercial property, the technique in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be followed. Basically, the property owner will have to acquire a written order to expel an unlawful tenant. Sections 4 to 6 in the Land Act provides for procedure incase of ejections, including when it comes to immediate eviction.
Tenants Not Paying Rent
The engagements of tenants together with property owners are protected in statutory, as well as non-statutory law in Southern Africa. There certainly is nothing at all to prevent a proprietor from issuing a call for the unpaid rental immediately after the renter has actually been extruded.
Getting Tenants Out
An unlawful tenant will be able to go to the court hearing on the day it is considered and dispute the process themselves if they believe the eviction unjustified.
Lease Agreements
Whilst it is not a legal requirement to possess a prepared lease contract, it is definitely advocated. The contract ought to outline all of the details– for both the parties– of the occupancy. The lease contract offers safeguard to simultaneously landlord and lessee in the circumstance of either one individual breaking their obligations.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction proceedings. More importantly one will need to explain to a law court that there actually is and/or will be substantial personal injury to people (that could include the unauthorised occupants themselves) or destruction to residential or commercial property in case that the order does not get awarded. An urgent eviction is actually so compelling, that it allows for the unwilling tenant or the illegal occupier to be ordered by the law court to abandon the building within 24 hours, neglecting which the officer of the court is mandated to purposely dislodge the unauthorised inhabitant from the house.
Time & Cost of Evictions
Considering that an resident could choose to retract from a house at almost any phase through the eviction process, the expense can substantially vary with scenarios. The rent payment debts retrieval procedure is frequently launched hand and hand, and operates in conjunction to the application of the legal eviction proceeding.
Landlords Rights
Regardless of the fact that a concrete rental contract streamlines eviction steps, the lack thereof doesn’t necessarily mean that unauthorised occupants can not be dislodged. See more about property owners duties & rights here.
Required Documents
The very first step will be usually to get the acknowledged lease commitment from the applicant and details of the neglects of the resident. In the event of the occupant fails to pay rental, complete specifications of the arrears have to be given by the client.
Salt River Eviction Notice : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers specialising in fast and effective legal eviction notices for landlords and property owners in Salt River. Contact us today for help with your eviction process.
Eviction Order Attorneys for Salt River in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the top legal in Cape Town. Having acquired a reputation for excellence, Rubensteins is marked in the industry by its dedication to its clients, and also its aptitude to find creative and innovative approaches to even the most challenging of law predicaments. These include corporate and commercial to criminal and civil litigation, labor issues, business or family dispute resolution, divorce law as well as property matters. We have fostered a synergistic ethos, where our staff help one another to attain the best results for our valued clients.
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.
