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.
We pride our legal representatives can support with all eviction concerns in Welcome. In evictions, the best and most important thing is to halt the cash bleeding. Evictions in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
Landlords in Welcome need to refrain from such illegal actions as changing locks, or locking the renter out or disengaging services like water or electricity. It really is in property managers best interests nevertheless to terminate the lease and evict the defaulting occupants asap as the key concern ought to be to removed and replace a non-paying tenant with a paying renter.
Getting Tenants Out
Although a number of us can’t imagine a situation occurring where the renter not only decides not to settle the rent, yet furthermore decides not to leave.
Lease Agreements
Though it isn’t a judicial requirement to possess a drafted lease contract, it’s ardently recommended. The lease should illustrate all of the terms and conditions– for both equally parties– of the tenancy. The lease contract provides protection to both property owner and lessee in the event of either one individual breaking their commitments.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. Most notably an individual has to explain to a law court that there actually is and will likely be substantial personal injury to individuals (that can involve the unlawful occupants themselves) or damage to residential or commercial property in the event that the request does not get awarded. An immediate eviction is so compelling, that it enables the unwilling resident or the wrongful inhabitant to be commanded by the court to abandon the home in less than 24h, neglecting which the sheriff of the court is allowed to forcefully dislodge the unauthorised inhabitant off the residential property.
Time & Cost of Evictions
Since an lessee may elect to leave a residential property at pretty much any time through the eviction process, the costs can considerably fluctuate with scenarios. The rent debts recovery processes is normally initiated alongside, and functions in line with the application for the legal eviction plan.
Landlords Rights
Despite the fact that a firm rental contract reduces eviction procedures, the lack of a lease does not suggest that an unlawful residents can not be removed. See more about property owners duties & rights here.
Required Documents
The initial step would be to secure the acknowledged lease commitment from the applicant and facts of the infringements of the renter. In case that the tenant fails to pay rent, full specifications of the delinquencies have to be supplied by the lessor.
Confirmation of ownership
The contract
Transaction history of what is owed
A detailed record of what has taken place
A foundation of compensations or danger to a person
Cape Town Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are eviction experts, specialising in fast and effective legal eviction notices for landlords and property owners. Contact us today.
Eviction Order Attorneys for Welcome in Cape Town
Founded in 2008, Rubensteins Attorneys swiftly turned into one of the top law firms in Cape Town. All evictions are handled by Rubensteins Attorneys who are a very skilled an skilled litigation attorneys with a thorough understanding of eviction laws in Cape Town. Rubensteins have numerous successful evictions in their portfolio, for both residential and also business clients. These also include corporate & commercial to civil & criminal litigation, labour issues, business or family dispute resolutions, family law as well as estate related transactions. Regardless of just how daunting and / or intricate the decree, we will supply crystal clear, pragmatic & commercially-sound legal advice.
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.
