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 practitioners will be able to serve to help you to tackle evictions successfully. Eviction, also recognised in various regions as an un-lawful detainer, can be a formidable action to get through. So as to remove an prohibited inhabitant from domestic property, the technique in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be adhered to. In essence, the lessor needs to get a legal order to oust an unlawful tenant. Sections 4 to 6 of the Land Act provide for procedure in the event of evictions, including for immediate eviction.
Tenants Not Paying Rent
Among the biggest concerns is where lessees who do not pay the rental payment & the sub-sequential eviction of the lessees. There certainly is virtually nothing to prevent a lessor from putting out a command for the overdue rental fee after the renter has been removed.
Getting Tenants Out
Though many of us can’t imagine a scenario developing in which the occupant not only decides not to pay the rent, yet furthermore decides not to move out.
Lease Agreements
A good lease contract needs to contain a infringement proviso in it specifying the repercussions of breaching one of the terms of the lease contract. It is then up to the owner how much lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Most notably an individual needs to show a court of law that there is and would be serious personal injury to individuals (this can consist of the unauthorised inhabitants themselves) or else damages to property if the request does not get awarded. An emergency eviction is actually so formidable, that it enables the unwilling tenant or the wrongful inhabitant being demanded by the law court to abandon the home inside 24h, neglecting which the sheriff of the court is permitted to emphatically remove the illegal occupier off the house.
Time & Cost of Evictions
As an lessee can decide to retract from a home at any point through the eviction procedure, the price can dramatically vary with each situation. The rental fee and loss recuperation processes is normally instituted hand and hand, and functions in combination to the application for the eviction process.
Landlords Rights
Regardless of the fact that a solid lease legal contract shortens eviction procedures, the lack of a lease does not imply that unauthorised residents can’t be subject to an eviction. See more about lease-holders rights & duties here.
Required Documents
The initial step will be usually to obtain the signatured lease contract agreement from the applicant and facts of the noncompliance of the lessee. In case of the occupant cannot pay rent, full particulars of the delinquencies must be given by the landlord.
The Range Eviction Notice : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers specialising in fast and legal eviction notices for landlords and property owners in The Range Evictions. Contact us today.
Eviction Notice Attorneys for The Range in Cape Town
Founded in 2008, Rubensteins Attorneys fast became one of the most popular law firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who are a highly proficient an accomplished litigation lawyers with a thorough understanding of eviction laws in Cape Town. Rubensteins hold numerous successful eviction cases in their portfolio, for both private along with corporate clients. All these areas include corporate and commercial to criminal and civil lawsuits, labor disputes, business or family conflict resolution, divorce law together with property matters. We endeavour to create long-lasting and ultimately meaningful associations with our clients, to invest in them and be an instrument to their progression & their success.
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.
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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.
