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 eviction legal counsels will be able to guide you to go about evictions the right way. Eviction, also distinguished in a number of places as an un-lawful detainer, might be a hard procedure to understand. Our veteran eviction attorneys are familiar with the PIE Act plus the conditions from our district law courts and processes that address evictions & rental recoveries.
Tenants Not Paying Rent
In many areas, it is prohibited to remove a tenant until all court proceedings are complete, and this may take several months. There really is virtually nothing to stop a property owner from putting out a call for the delinquent rent payment after the occupant has actually been extruded.
Getting Tenants Out
Hold-ups arising from stalled action or unreliable legal strategies commonly provokes increased legal services costs, loss of rentals income and increased risk of damages to the residential or commercial property.
Lease Agreements
A lease contract must contain a infraction clause in it specifying the effects of breaching any of the terms of the lease contract. It is up to the landlord what leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Most significantly one needs to show a court of law that there certainly is and or would be substantial personal injury to persons (this can incorporate the unlawful tenants themselves) or even damages to property in the event that the request is not granted. The emergency eviction is actually so compelling, that it enables the defiant lessee or the wrongful occupant to be required by the law court to leave the building inside of 1 day, neglecting which the officer of the court is authorised to forcefully evict the prohibited tenant off the property.
Time & Cost of Evictions
Considering that an resident can opt to move out of a home at pretty much any point during the eviction procedure, the costs can drastically fluctuate with scenarios. The rental arrears recovery processes is normally initiated along with, and runs in line with the application for eviction proceeding.
Landlords Rights
Although a concrete lease legal contract shortens eviction procedures, the absence of a lease does not necessarily suggest that unauthorised tenants cannot be subject to an eviction. Find out more about landlords duties and rights here.
Required Documents
The first step should be normally to secure the signed lease contract agreement from the client and facts of the contraventions of the tenant. In the event of the lessee cannot pay out rent, full specifications of the debts should be supplied by the client.
The Crest Evictions Lawyers in Cape Town Specialists
Get eviction advice for landlords in Cape Town from Rubensteins Attorneys. Consult The Crest Evictions team for fast legal eviction notices and swift resolution of tenant issues.
Eviction Attorneys for The Crest in Cape Town
Formed in 2008, Rubensteins Attorneys quickly turned into one of the most popular legal in Cape Town. Our primary aim is on ensuring the superb law advice for our valued clients. Our firm in The Crest undertakes to achieve some of the most affordable and proficient handling of your legal matters. We aim to make lasting and meaningful associations with our clients, to commit to their legal issues and be an instrument to their progress and their successes.
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.
