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 additional information on the best way our team are able to support anyone with evictions, don’t hesitate to speak with our eviction professionals. It is very important for virtually any property owner or financier having a local rental portfolio to familiarise themselves with the PIE Act and the numerous methods it lays out for legitimately overcoming delinquent tenants. In relations to the Constitution of South Africa, No one can be kicked out from their home, or have their house knocked down, in the absence of an order of court made upon considering all of the pertinent situations. Absolutely no regulations may authorise arbitrary evictions.” PIE sets out the procedure to be observed in the case of these removals.
Tenants Not Paying Rent
Some of the largest issues is that of occupants which do not pay the rental and the subsequent eviction of the lessees. It really resides in landlords primary interests nevertheless to revoke the lease and evict the defaulting lessees asap as the key concern must be to replace a non-paying lessee with a paying leaseholder.
Getting Tenants Out
Problems coming from postponed action or incorrect legal processeses oftentimes leads to increased legal services costs, loss of rentals revenue and increased risk of damage to the residential or commercial property.
Lease Agreements
Whilst it is not a official criteria to have a recorded lease, it’s highly advocated. The contract should define each of the terms and conditions– for both individuals– of the occupancy. It ensures protection to both lessor and occupant in case of either one individual defaulting on their commitments.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Most notably an individual needs to demonstrate to a law court that there is and or would be serious injury to persons (this might consist of the unlawful tenants themselves) or destruction to residential or commercial property should the court order is not granted. The immediate eviction is so powerful, that it allows for the recalcitrant lessee or the wrongful occupier being demanded by the law court to leave the property in less than 24h, neglecting which the officer of the court is authorised to forcefully evict the wrongful inhabitant off the estate.
Time & Cost of Evictions
To remove a leaseholder in Simons Town lawfully, the best way to reduce costs and losses is to operate speedily and effectively while steering clear of avoidable setbacks. The rental payment debts retrieval procedure is in most cases begun alongside, and operates in conjunction to the application for legal eviction proceeding.
Landlords Rights
Even though a concrete rental agreement shortens eviction procedures, the absence of a lease agreement doesn’t mean that unauthorised occupants can’t be subject to an eviction. See more about lease-holders duties & rights here.
Required Documents
The initial step should be to obtain the signatured lease contract commitment from the applicant and facts of the noncompliance of the resident. In the event of the tenant fails to compensate rental, complete particulars of the debts needs to be supplied by the lessor.
Seek eviction guidance from experienced attorneys in Woodlands, Cape Town. Get fast eviction notices and legal advice for landlords and property owners.
Eviction Attorneys for Woodlands in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly became one of the most popular legal services firms in Cape Town. Our focus is on rendering the very best legal assistance to our valued clients. Our clients benefit from our extensive experience with all key fields of local law. Regardless of just how demanding or complicated the decree, we will supply crystal clear, efficient & commercially-sensible legal services 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.
