TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
Step 1.
Letter of Demand
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.
For more information on how our firm can assist you with evictions, don’t hesitate to speak with our eviction consultants. When it comes to evictions, the best and most important thing is to halt the financial haemorrhaging. In relations to the Constitution of South Africa, No one may be forced out from their home, or have their house knocked down, in the absence of an order of court made once considering all the related circumstances. Absolutely no legislation may permit arbitrary evictions.” PIE creates the processes to be complied with in the case of these types of evictions.
Tenants Not Paying Rent
The duties of residents and also landlords are included in statutory, and also non-statutory legislation in South Africa. That it is in property managers primary interests none the less to cancel the lease and evict the non paying tenants promptly as the key concern should be to replace a delinquent lessee with a paying leaseholder.
Getting Tenants Out
Property owners who fail to deliver an eviction application in good time or follow the correct legal procedures might just have to survive a lengthy and very expensive procedure.
Lease Agreements
Having a solid lease agreement must contain a delinquency proviso with it describing the effects of breaching one of the terms of the contract. It is up to you what leniency you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. More importantly a property owner needs to demonstrate to a judge that there actually is and/or would be considerable injury to persons (that can consist of the unauthorised tenants themselves) alternatively damages to property in case that the court order is not awarded. An immediate eviction is so formidable, that it allows for the defiant tenant or the prohibited inhabitant being ordered by the judge to abandon the home inside of 24h, failing which the officer of the court is mandated to forcefully dislodge the unlawful resident off the estate.
Time & Cost of Evictions
As an resident can opt to retract from a house at almost any phase during the eviction process, the cost can drastically differ with each situation. The rent arrears retrieval procedure is generally instituted along with, and operates in combination to the application for legal eviction proceeding.
Landlords Rights
Despite the fact that a strong rental agreement simplifies eviction steps, the lack of a lease agreement doesn’t mean that unlawful residents can not be removed. Read more about landlords rights here.
Required Documents
The start will be normally to attain the subscribed lease agreement from the applicant and particulars of the infringements of the lessee. In the event of the occupant cannot pay out rent, full specifics of the arrears must be presented by the client.
Eviction attorney in Westlake. Looking for eviction advice in Westlake? Rubensteins Attorneys are expert eviction lawyers, specialising in fast and efficient legal eviction notices for landlords and property owners.
Eviction Order Attorneys for Westlake in Cape Town
Founded in 2008, Rubensteins Attorneys is fast becoming one of the major attorneys in Cape Town. Our focus is on giving the very best legal insight for our valued clients. Our law firm in Westlake resolves to achieve some of the most cost effective and efficient handling of your problems. We aspire to make long-lasting and ultimately meaningful partnerships with our clients, to commit to them and ultimately be a part to their progress & their prosperity.
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.
