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 legal practitioners can assist with any eviction matters in The Connifers. Commercial property owners and lessors must always lawfully evict a non-paying occupant and at no time turn to approaches that conflict the lawful expulsion of tenants. Our aim is simply to help our house owners to resolve the eviction issues inside their commercial property and also private lifestyles in a easy, efficient, experienced and timeous manner. We pride ourselves in our superior work values and attention to detail.
Tenants Not Paying Rent
The duties of lessees along with landlords are addressed in statutory, and non-statutory legislation in Southern Africa. That it resides in property owners primary interests never the less to cancel the lease and evict the non paying occupants asap as the prerogative must be to switch a non-paying tenant with a paying tenant.
Getting Tenants Out
An unauthorized resident can go to the court hearing on the day it is ascribed and dispute the process themselves should they believe the eviction is unreasonable.
Lease Agreements
Having a solid lease contract needs to hold a infringement clause in it describing the penalties of breaching any of the terms of the lease contract. It is up to you what amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Most significantly one has to prove to a judge that there certainly is and/or will likely be considerable injury to people (that can involve the unauthorised occupants themselves) or even damage to property if the order does not get awarded. An urgent eviction is actually so formidable, that it enables the unwilling tenant or the illegal occupant to get commanded by the court to move out of the home inside of 1 day, failing which the sheriff of the court is mandated to purposely remove the wrongful occupier from the residential or commercial property.
Time & Cost of Evictions
Since an resident could elect to part with a residential property at virtually any phase throughout the eviction process, the price can drastically vary with circumstances. The rental arrears recuperation process is often set in motion hand and hand, and works in conjunction to the application for the legal eviction proceeding.
Landlords Rights
Regardless of the fact that a solid rental legal contract shortens eviction processes, the lack of a lease does not necessarily suggest that an unlawful occupants cannot be removed. Find out more about property owners rights & duties here.
Required Documents
The first step will be usually to find the subscribed lease contract agreement from the applicant and facts of the transgressions of the resident. In the event of the lessee fails to pay out rental, complete specifics of the delinquencies should be supplied by the lessor.
Cape Town Lawyers The Connifers Evictions Specialists
Cape Town Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are the leading experts in fast legal eviction notices. Contact us today for reliable and efficient assistance.
Eviction Lawyers for The Connifers in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the top attorneys in Cape Town. Having indeed established a reputation for efficiency, Rubensteins is recognised in its arena by its commitment to its clients, as well as its aptitude to identify productive and effective solutions to even some of the most complex of legal predicaments. Our firm in The Connifers undertakes to reach some of the most affordable and effective handling of your problems. We have refined a synergistic culture, in which our team support each other to obtain the greatest results for our 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.
