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 firms eviction attorneys are experts in urgent eviction orders in Cape Town. Try to get tardy renters out as quickly as is possible – even when it involves offering to mark down some of the arrear rental. Evictions in with regards to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
On the other hand just what can you do if the renter simply halts paying rent, and also it becomes apparent that he or she have zero intention of paying out? That it resides in property owners primary interests nevertheless to cancel the lease and evict the non paying lessees promptly as the key concern must be to switch a non-paying occupant with a paying resident.
Getting Tenants Out
An unauthorized tenant may go to the court hearing on the day it is considered and oppose the process himself if he believes the eviction unjustified.
Lease Agreements
Your lease contract ought to hold a infringement paragraph with it outlining the penalties of breaching any of the terms of the lease agreement. It is up to you how much lenience you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. Most notably an individual must show a court of law that there is and or would be serious personal injury to people (that might include the unlawful tenants themselves) alternatively damage to property should the order is not approved. An emergency eviction is so compelling, that it offsets the defiant lessee or the illegal occupier to get ordered by the judge to leave the home in less than 24 hours, failing which the officer of the court is mandated to emphatically remove the prohibited resident from the residential or commercial property.
Time & Cost of Evictions
Considering that an resident can choose to leave a property at any stage throughout the eviction procedure, the costs can greatly vary with each circumstance. The rent payment debts recovery processes is often set in motion hand and hand, and runs in conjunction to the application for legal eviction processes.
Landlords Rights
Although a concrete rental agreement reduces eviction process, the lack of a lease doesn’t suggest that an unlawful residents can not be evicted. See more about landlords rights here.
Required Documents
The start will be usually to find the signatured lease contract commitment from the home-owner and particulars of the breaches of the renter. In case that the lessee fails to pay out rent, comprehensive specifications of the arrears must be given by the client.
Silverglade Evictions : Do you need eviction advice in Cape Town? Rubensteins Attorneys are experts in fast legal eviction notices for landlords and property owners.
Eviction Notice Lawyers for Silverglade in Cape Town
Formed in 2008, Rubensteins Attorneys is fast becoming one of the leading law firms in Cape Town. Having already cultivated a track record for excellence, Rubensteins is marked in its arena by its allegiance to its clients, and also its ability to discover unique and original approaches to even some of the most challenging of legal problems. All these also include company & commercial to criminal and civil lawsuits, labor problems, family or business dispute resolution, divorce law in addition to estate related dealings. Our goal is to go above and beyond, to rise above expectations and to place our valued clients needs above everything else.
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.
