LEGAL RESOLUTION IS POSSIBLE WE ARE COMMITTED TO DELIVERING HONEST, ACCURATE, UNBIASED, UP-TO-DATE INFORMATION
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 can easily guide you to carry out evictions in the correct manner. Commercial property operators as well as lessors must be sure to under legal standing evict a non-paying occupant and by no means turn to techniques that thwart the lawful evacuation of tenants. Evictions in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
Among the biggest concerns is when lessees who do not pay the rent payment & the consecutive expulsion of the lessees. Generally there is nothing at all to prevent a lessor from dispatching a summons for the payable rental payment immediately after the renter has been removed.
Getting Tenants Out
Problems causing by delayed action or unreliable legal processeses commonly causes added legal costs, loss of rentals income and extended risk of damage to the residence.
Lease Agreements
Regardless of the fact that it isn’t a official prerequisite to have a written lease understanding, it is highly recommended. The lease should illustrate all the terms and conditions– for each of the parties– of the tenancy. It gives security to both lessor and occupant in case of either individual breaking their responsibilities.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. More notably an individual will need to demonstrate to a court of law that there actually is and will be substantial injury to individuals (this could consist of the unlawful tenants themselves) alternatively destruction to property in the event that the order does not get granted. An urgent eviction is actually so effective, that it enables the unwilling resident or the prohibited occupant to be ordered by the court to move out of the building inside of 1 day, failing which the sheriff of the court is mandated to purposely dislodge the illegal inhabitant from the residential property.
Time & Cost of Evictions
To expel a resident in Bellville lawfully, optimal way to reduce costs and ultimately losses is to operate speedily and appropriately while avoiding unnecessary postponements. The rent and loss recovery processes is ordinarily begun in addition to, and functions in line with the application for the eviction procedure.
Landlords Rights
Though a sound rental agreement reduces eviction process, the absence thereof does not imply that unlawful tenants can not be removed. Read more about lease-holders rights and duties here.
Required Documents
The first step would be usually to get the subscribed rental agreement from the home-owner and details of the noncompliance of the tenant. In the event of the lessee cannot pay for rental, complete details of the arrears needs to be given by the property owner.
Cape Town eviction guidance. Looking for eviction advice in Cape Town? Seek help from the experts at Rubensteins Attorneys in Steel Park Evictions. Quick and efficient legal eviction notices for landlords and property owners.
Eviction Order Attorneys for Steel Park in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the top law firms in Cape Town. Our firms focus is on rendering the superb legal services insight for our valued clients. These involve company and commercial to criminal & civil litigation, labour issues, business or family conflict resolution, family law as well as property transactions. We aspire to build lasting and ultimately meaningful relationships with our clients, to invest in their legal issues and be an instrument to their progress and their success.
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.
