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.
Our residential property legal practitioners are furthermore able to deal with evictions regarding commercial properties situated Yorkshire Estate, (Cape Town) in all Cape Town. In evictions, one of the most important task is to halt the cash haemorrhaging. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa that came into effect on 5 June, 1998, and which sets out to prevent unreasonable eviction removals.
Tenants Not Paying Rent
If all else fails and the tenant still doesn’t pay, get an eviction lawyer. At the earliest attainable chance register a tenant-landlord grievance in a court of law. That it is in landlords best interests nevertheless to cancel the lease and evict the non paying residents without delay as the priority ought to be to switch a non-paying lessee with a paying tenant.
Getting Tenants Out
The unauthorized occupier might go to the courtroom hearing on the day it is ascribed and defend themselves should they believe that the eviction is unjustifiable.
Lease Agreements
Though it is not a judicial requirement to have a documented lease, it is strongly advocated. The lease agreement will illustrate all of the details– for both of these individuals– of the occupancy. The lease agreement gives security to both lessor and renter in case of either party breaking their committals.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More importantly an individual will need to prove to a judge that there actually is and/or will likely be significant injury to people (that may incorporate the unauthorised inhabitants themselves) alternatively damages to residential or commercial property if the court order does not get approved. The urgent eviction is so powerful, that it allows for the unwilling resident or the illegal occupier being ordered by the court to move out of the residential property inside of 24 hours, neglecting which the sheriff of the court is mandated to purposely evict the illegal tenant off the residential property.
Time & Cost of Evictions
As an occupant could decide to vacate a property at pretty much any point throughout the eviction proceeding, the cost can considerably differ with every situation. The rent and loss recovery processes is in most cases started hand and hand, and functions in combination to the application for the legal eviction procedure.
Landlords Rights
Although a solid lease legal contract streamlines eviction processes, the lack of a lease doesn’t necessarily suggest that unauthorised occupants can not be evicted. See more about landlords rights here.
Required Documents
The initial step would be to find the signed rental arrangement from the client and particulars of the neglects of the renter. In the event that the tenant fails to compensate rent, comprehensive particulars of the delinquencies needs to be supplied by the client.
Cape Town eviction help. Looking for eviction advice in Cape Town? Rubensteins Attorneys, experts in fast legal eviction notices, provide top-notch assistance to Yorkshire estate landlords and property owners.
Eviction Lawyers for Yorkshire Estate in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly becoming one of the major legal services firms in Cape Town. Evictions are dealt with by Rubensteins Attorneys who is a very competent an adept litigation attorneys with a comprehensive knowledge of eviction laws in Cape Town & South Africa. Rubensteins have many successful evictions in their portfolio, for both residential and also business clients. Our legal firm in Yorkshire Estate undertakes to reach some of the most affordable and effective handling of your problems. We have refined a collaborative culture, where our staff help one another to attain 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.
