WE'VE GOT YOU COVERED WITH LEGAL PLANS IN SOUTH AFRICA
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 eviction legal advisers will be able to serve to help you to carry out evictions correctly. In many communities, eviction, particularly a housing eviction, is often regarded to be a very serious situation. In order to remove an illegal tenant from domestic property, the technique in whens it come to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be complied with. Essentially, the owner must get a written order to expel an un-lawful inhabitant. The sections 4 to 6 in the Act provide for process in the event of ejections, including for immediate eviction.
Tenants Not Paying Rent
The accountabilities of renters together with landlords are covered in statutory, as well as non-statutory legislation in Southern Africa. That it resides in lessors primary interests nevertheless to cancel the lease and evict the non paying tenants immediately as the priority ought to be to replace a delinquent lessee with a paying resident.
Getting Tenants Out
Despite the fact that many of us can’t imagine a scenario emerging in which the occupant not only refuses to produce the rent, but also refuses to vacate.
Lease Agreements
A good lease agreement should hold a infringement paragraph in it outlining the effects of breaching any of the terms of the contract. It is then up to you just how much leniency you wish to show.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. Very importantly one will need to explain to a law court that there certainly is and will likely be substantial injury to persons (that could incorporate the wrongful tenants themselves) alternatively damages to property in the event that the request does not get granted. An urgent eviction is actually so powerful, that it offsets the unwilling tenant or the illegal occupier to be ordered by the judge to leave the building inside of 24 hours, failing which the sheriff of the court is permitted to purposely dislodge the unlawful resident from the estate.
Time & Cost of Evictions
To expel a leaseholder in Bellville legally, the most effective way to reduce costs and losses is to operate quickly and proficiently while avoiding avoidable hold-ups. The rental fee arrears recovery procedure is usually started in addition to, and works in conjunction to the application of the legal eviction plan.
Landlords Rights
Even-though a sound lease contract shortens eviction process, the absence thereof does not imply that unlawful occupants cannot be dislodged. Read more about lease-holders rights and duties here.
Required Documents
The first step would be normally to secure the signatured lease arrangement from the applicant and facts of the transgressions of the resident. In case that the occupant cannot pay out rental, complete specifications of the delinquencies needs to be given by the client.
Glenhaven Evictions : Looking for eviction advice in Cape Town? Consult the experts at Rubensteins Attorneys, specialising in fast, lawful eviction notices for landlords and property owners.
Eviction Notice Lawyers for Glenhaven in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the top law firms in Cape Town. Our primary emphasis is on ensuring the absolute best legal advice to our valued clients. Our firm in Glenhaven resolves to achieve one of the most affordable and efficient approach to your legal matters. Our intent is to go above and beyond, to surpass expectations and to place our valued clients needs foremost.
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.
