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.
Fast forward your eviction demand with our eviction specialists in Tokai. Residential or commercial property proprietors and lessors ought to never fail to by law evict a non-paying renter and never ever consider methods that thwart the lawful discharge of lessees. For you to remove an illegal occupier from residential property, the process in relations to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be followed. Essentially, the owner will have to attain a legal order to evict an un-lawful occupier. The sections 4 to 6 in the Land Act provide for process in case of evictions, including when it comes to urgent eviction.
Tenants Not Paying Rent
In a large number of places, it is illegal to evict a leaseholder until all court procedures are concluded, and this can take a few months. Of course, there is nothing to stop a property owner from putting out a command for the past due rental fee immediately after the renter has actually been evicted.
Getting Tenants Out
The wrongful tenant can easily go to the courtroom hearing on the day the case is set down and oppose the process himself if he believes the eviction is unfair.
Lease Agreements
A good lease contract must hold a noncompliance paragraph with it outlining the penalties of breaching one of the terms of the contract. It is then up to the proprietor the amount of lenience you wish to show.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. Most importantly one will need to show a court of law that there actually is and or would be considerable injury to people (this could incorporate the unlawful occupiers themselves) alternatively damages to the property in the event that the court order is not granted. The immediate eviction is actually so formidable, that it offsets the recalcitrant resident or the illegal occupier being required by the judge to abandon the home in less than 24 hours, declining which the sheriff of the court is allowed to forcefully evict the unauthorised inhabitant from the house.
Time & Cost of Evictions
To remove a tenant in Cape Town legitimately, the most effective way to significantly lower expenses and losses is to act swiftly and proficiently while preventing unnecessary setbacks. The rental fee arrears recovery processes is normally initiated along with, and runs in conjunction to the application for the eviction plan.
Landlords Rights
Despite the fact that a strong lease legal contract shortens eviction processes, the lack thereof doesn’t necessarily mean that unlawful occupants cannot be subject to an eviction. Read more about landlords duties and rights here.
Required Documents
The initial step should be to attain the signed lease commitment from the applicant and facts of the breaches of the resident. In case that the occupant cannot pay out rent, full details of the delinquencies should be provided by the property owner.
Tokai Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are experts in fast legal eviction notices for landlords and property owners in Tokai Evictions. Reach out today for expert assistance.
Eviction Order Attorneys for Tokai in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the major legal in Cape Town. Our primary priority is on providing the absolute best legal advice for our valued clients. These include corporate & commercial to criminal and civil lawsuits, labor issues, family or business conflict resolutions, family law as well as property related matters. Our intention is to go above and beyond, to exceed expectations and to place our valued clients requirements foremost.
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.
