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 staff have secured ourselves at the cutting edge of the boutique eviction support services providers experienced, renowned, trusted, and effective eviction legislation in Tamboerskloof, Cape Town. Your house could be an income-earning investment to anyone, although to your renters it is actually their home. So exactly what does one do after your renter does not pay the rental and winds up in obstruction of the contract commitment? In synopsis, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) provides processes for eviction of unauthorised occupants and restricts unlawful evictions. The basic objective of the Act is simply to provide protection to both occupiers and property owners. The property owner or lessor needs to abide by the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the case that they need to evict a renter.
Tenants Not Paying Rent
In many places, it is illegal to dislodge a tenant until all court proceedings are over, and this could take a few months. It really resides in lessors primary interests nevertheless to revoke the lease and evict the non paying occupants asap as the top priority should be to removed and replace a delinquent lessee with a paying renter.
Getting Tenants Out
Property managers that do not bring an eviction application in good time or abide by the appropriate legal processes may have to survive a prolonged and costly procedure.
Lease Agreements
A good lease contract should hold a infringement proviso in it specifying the results of breaching any of the stipulations of the contract. It is then up to you what lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very importantly an individual will need to explain to a magistrate that there certainly is and or will likely be serious personal injury to people (that can incorporate the unlawful occupants themselves) alternatively damage to property if the request does not get granted. An immediate eviction is so formidable, that it allows for the recalcitrant lessee or the unlawful inhabitant to get demanded by the court to leave the home inside of 24h, declining which the sheriff of the court is authorised to purposely evict the illegal inhabitant from the residential property.
Time & Cost of Evictions
To expel a occupant in Cape Town lawfully, the most effective way to minimise costs and ultimately losses is to act efficiently and properly while preventing avoidable postponements. The rent and loss recuperation process is usually launched alongside, and runs in combination to the application for the eviction procedure.
Landlords Rights
Even though a sound lease agreement streamlines eviction procedures, the lack thereof does not imply that an unlawful tenants can’t be evicted. Read more about property owners rights here.
Required Documents
The initial step should be to attain the signed lease arrangement from the applicant and particulars of the noncompliance of the tenant. In the event of the lessee cannot pay rent, full particulars of the arrears needs to be given by the landlord.
Evictions in Tamboerskloof, Cape Town Trusted Attorneys
Tamboerskloof eviction lawyer. Looking for eviction advice in Tamboerskloof? Rubensteins Attorneys, fast legal eviction notice experts, are here to help landlords and property owners in Cape Town. Contact us today!
Eviction Attorneys for Tamboerskloof in Cape Town
Established in 2008, Rubensteins Attorneys is swiftly becoming one of the most popular law firms in Cape Town. Our firms priority is on producing the very best legal services assistance for our valued clients. Our legal firm in Tamboerskloof resolves to reach one of the most cost effective and efficient handling of your legal matters. Our intention is to go above and beyond, to exceed expectations and to put our valued clients needs above all 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.
