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 professionals can aid with all eviction issues in Wellway Park. Your home or business could be an income-earning asset to anyone, but to your residents it is their residence. So exactly what does one do after your renter fails to pay the rental and ends up in breach of the contract arrangement? In order to expel an prohibited tenant from non commercial property, the procedure in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be adhered to. Primarily, the lessor will have to attain a legal order to oust an un-lawful occupant. The sections 4 to 6 in the Act provide for process in the event of evictions, including when it comes to urgent eviction.
Tenants Not Paying Rent
In a large number of areas, it is prohibited to evict a tenant before all court procedures are over, and this could take months. Of course, there is nothing at all to stop a landlord from issuing a summons for the unpaid rental immediately after the tenant has been expelled.
Getting Tenants Out
Problems arising from prolonged action or incorrect legal steps frequently leads to increased legal costs, loss of rental cash flow and increased risk of damage to the property.
Lease Agreements
Despite the fact that it is not a legal condition to possess a drafted lease, it’s highly advised. The lease should outline all of the conditions– for both of these parties– of the occupancy. It ensures safeguards to simultaneously lessor and occupant in the event of either party reneging on their commitments.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. More significantly a landlord will need to explain to a judge that there is and or will be substantial personal injury to persons (this may incorporate the wrongful tenants themselves) alternatively destruction to property in the event that the request does not get approved. An urgent eviction is actually so compelling, that it enables the defiant tenant or the wrongful occupant to get required by the law court to vacate the home within 24h, failing which the sheriff of the court is allowed to emphatically evict the prohibited tenant from the residential or commercial property.
Time & Cost of Evictions
To evict a lessee in Durbanville legitimately, the most effective way to minimise expenses and inevitably losses is to operate quickly and properly whilst staying away from avoidable postponements. The rental fee and loss retrieval procedure is in most cases set in motion along with, and runs in combination to the application for the eviction proceeding.
Landlords Rights
Despite the fact that a solid lease agreement simplifies eviction practices, the lack of a lease doesn’t necessarily mean that an illegal occupants can not be dislodged. Find out more about landlords rights here.
Required Documents
The first step would be to find the acknowledged lease commitment from the applicant and details of the breaches of the tenant. In the event that the lessee cannot pay for rental, complete specifics of the debts needs to be provided by the lessor.
Wellway Park Evictions : Are you a landlord or property owner seeking eviction advice from an attorney in Wellway Park? Look no further than Rubensteins Attorneys, your experts in fast, legal eviction notices.
Eviction Order Attorneys for Wellway Park in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the major law firms in Cape Town. Our primary priority is on rendering the absolute best legal services advice to our valued clients. Our legal firm in Wellway Park resolves to reach the absolute most affordable and effective handling of your legal matters. At Rubensteins Attorneys we have fostered a collaborative culture, where our staff support one another to obtain the greatest results for our clients.
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.
