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.
Legal services assistance and representation concerning a selection of eviction related matters. Try to get deleterious occupants out immediately – even if it denotes offering to take a loss on some of the outstanding rental money. A lessor simply cannot take the law into their own hands whenever a renter stops paying rent instalments.
Tenants Not Paying Rent
The responsibilities of tenants along with landlords are covered in statutory, and non-statutory legislation in South Africa. It resides in landlords primary interests never the less to cancel the lease and evict the non paying residents immediately as the prerogative should be to replace a delinquent occupant with a paying tenant.
Getting Tenants Out
Hold-ups coming from delayed action or improper legal procedures oftentimes leads to increased legal services costs, loss of rentals cash flow and amplified risk of damages to the building.
Lease Agreements
A good lease contract must carry a delinquency stipulation in it laying out the effects of breaching any of the stipulations of the lease contract. It is up to the owner what amount of leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction proceedings. Very notably an individual has to prove to a court of law that there certainly is and or would be substantial personal injury to people (that might incorporate the unauthorised tenants themselves) or even damage to residential or commercial property in case that the request does not get granted. An immediate eviction is actually so compelling, that it allows for the unwilling tenant or the illegal inhabitant to get required by the law court to leave the residential or commercial property in less than 24 hours, failing which the sheriff of the court is permitted to emphatically remove the wrongful inhabitant from the house.
Time & Cost of Evictions
Considering that an occupant may elect to leave a house at almost any point during the eviction procedure, the outlay can substantially vary with scenarios. The rental fee arrears retrieval process is normally initiated in addition to, and operates in conjunction to the application for eviction procedure.
Landlords Rights
Regardless of the fact that a iron clad lease legal contract reduces eviction practices, the absence of a lease agreement does not necessarily suggest that an unlawful residents cannot be subject to an eviction. Read more about property owners rights here.
Required Documents
The start will be usually to find the subscribed rental agreement from the applicant and specifics of the transgressions of the renter. In case of the lessee fails to pay rent, full details of the delinquencies must be given by the landlord.
Vygeboom Eviction Notice : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers who specialise in fast legal eviction notices for landlords and property owners. Get professional assistance from our experienced team at Vygeboom Evictions.
Eviction Notice Lawyers for Vygeboom in Cape Town
Founded in 2008, Rubensteins Attorneys rapidly became one of the most popular law firms in Cape Town. Our aim is on ensuring the very best law assistance for our clients. Each of our clients benefit from our considerable competence in all key areas of local law. Our goal 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.
