IS A TENANT DISPUTE IMPACTING YOUR PROPERTY? TAKE THE FIRST STEP TO RESOLUTION TODAY!
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.
Our commercial property lawyers are moreover in a position to take care of evictions on residential or commercial properties situated Rustdale, (Athlone) throughout Cape Town. Get offending lessees out as soon as is possible – even if it spells offering to write off some of the arrear rental. If you need to remove an unlawful occupant from household building, the process in relations to schedule 4 as well as 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be observed. In essence, the owner will have to secure a subpoena to dislodge an wrongful inhabitant. Sections 4 to 6 of the Act attends to procedure in case of evictions and this incorporates urgent eviction notifications.
Tenants Not Paying Rent
One of the most significant concerns is that of tenants who do not pay the rental & the following expulsion of the lessees. There certainly is nothing to prevent a proprietor from issuing a command for the overdue rental payment after the tenant has actually been evicted.
Getting Tenants Out
Setbacks resulting from prolonged action or improper legal steps commonly results in added legal services fees, loss of rent revenue and increased risk of damage to the building.
Lease Agreements
Having a secure lease contract needs to contain a contravention paragraph with it specifying the implications of breaching any of the conditions of the contract. It is then up to you how much leniency you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Most significantly one has to prove to a judge that there is and/or will likely be serious injury to individuals (that can incorporate the unlawful inhabitants themselves) or damages to property in the event that the order does not get approved. The immediate eviction is so formidable, that it offsets the recalcitrant tenant or the unlawful inhabitant to get ordered by the court to vacate the home in less than 24 hours, failing which the officer of the court is mandated to emphatically dislodge the wrongful inhabitant off the home.
Time & Cost of Evictions
In order to evict a occupant in Athlone legally, optimal way to minimise expenses and inevitably losses is to operate efficiently and appropriately while preventing unnecessary delays. The rent and loss retrieval process is frequently initiated in addition to, and operates in combination to the application for the eviction procedure.
Landlords Rights
Although a iron clad lease contract reduces eviction practices, the lack thereof does not imply that unlawful residents cannot be subject to an eviction. See more about property owners duties & rights here.
Required Documents
The very first step should be normally to find the acknowledged lease contract agreement from the applicant and particulars of the contraventions of the renter. In case of the lessee fails to pay for rent, full details of the delinquencies needs to be supplied by the landlord.
Evictions in Rustdale, Cape Town Expert Attorneys Available
Fast and effective eviction advice in Rustdale, Cape Town? Consult Rubensteins Attorneys—experts in legal eviction notices for landlords and property owners. Contact our experienced lawyers now.
Eviction Notice Attorneys for Rustdale in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the top law firms in Cape Town. Having already built a reputable name for excellence, Rubensteins is distinguished in the profession by its devotion to its customers, as well as its aptitude to identify resourceful and effective approaches to even some of the most complex of law dilemmas. Our firm in Rustdale resolves to reach the most cost effective and proficient approach to your matters. We have cultivated a synergistic ethos, where our team support each other to accomplish the greatest results for our valued 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.
