LEGAL RESOLUTION IS POSSIBLE WE ARE COMMITTED TO DELIVERING HONEST, ACCURATE, UNBIASED, UP-TO-DATE INFORMATION
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.
Being specialist residential property legal counsels in Sherwood, (Atlantis) we act for property owners, commercial property managers and leasing agents regarding occupant disputes and evictions. Your house may likely be an income-earning asset to you, however, to your renters it is actually their home. So what do you do as your boarder fails to pay the rent and ends up in conflict of the lease arrangement? The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa and that entered into effect on 5 June, 1998, and which undertakes to prevent capricious eviction issues.
Tenants Not Paying Rent
The responsibilities of leaseholders as well as lessors are addressed in statutory, as well as non-statutory law in South Africa. There certainly is virtually nothing to prevent a landlord from issuing a call for the payable rental immediately after the lessee has actually been expelled.
Getting Tenants Out
Proprietors who do not carry an eviction application in good time or adhere to the right legal procedures might just need to survive a lengthy and costly process.
Lease Agreements
Though it isn’t a official requirement to possess a recorded lease contract, it is strongly recommended. The contract should spell out all the conditions– for both of these parties– of the tenancy. The lease contract offers protection to simultaneously landlord and occupant in the event of any individual reneging on their duties.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. Most importantly an individual must show a court that there is and would be considerable personal injury to persons (this can consist of the wrongful inhabitants themselves) alternatively damages to the property if the court order is not awarded. The immediate eviction is so powerful, that it enables the defiant tenant or the wrongful inhabitant to get commanded by the law court to abandon the residential property inside 24 hours, neglecting which the officer of the court is allowed to emphatically dislodge the unlawful tenant from the house.
Time & Cost of Evictions
In order to remove a lease holder in Atlantis under legal standing, optimal way to reduce expenses and inevitably losses is to operate speedily and properly while eliminating unnecessary delays. The rent and loss recovery processes is typically instituted alongside, and works in line with the application for eviction process.
Landlords Rights
Although a firm rental contract streamlines eviction steps, the lack of a lease agreement does not suggest that unauthorised occupants can’t be subject to an eviction. Find out more about property owners rights here.
Required Documents
The first step should be to attain the acknowledged rental commitment from the home-owner and details of the contraventions of the resident. In case of the lessee fails to pay for rental, full details of the arrears needs to be given by the landlord.
Sherwood Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are experts in fast legal eviction notices, catering to landlords and property owners in Sherwood Evictions. Contact us now for professional consultation.
Eviction Order Lawyers for Sherwood in Cape Town
Founded in 2008, Rubensteins Attorneys fast turned into one of the leading law firms in Cape Town. Having already established a reputable name for efficiency, Rubensteins is recognised in its arena by its allegiance to its customers, and also its capacity to discover creative and original solutions to even the most intricate of legal dilemmas. All these areas involve company & commercial to civil & criminal lawsuits, labor problems, business or family conflict resolution, family law together with estate related dealings. Notwithstanding of just how demanding or complicated the mandate, we will certainly give 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.
