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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.
Legitimate insight and representation concerning a wide array of eviction related matters. In evictions, the absolute most fundamental action is to put an end to the financial bleeding. Evictions in regards to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
Landlords in Vogelvlei ought to stay away from such unlawful actions as changing locks, or locking the lessee out or disengaging services like water or electricity. That it is in property managers primary interests never the less to revoke the lease and evict the non paying lessees asap as the key concern ought to be to switch a non-paying lessee with a paying renter.
Getting Tenants Out
The unauthorized resident can easily visit the court hearing on the day the case is considered and fight for themselves should they believe the eviction unjustified.
Lease Agreements
Writing a solid lease ought to carry a contravention proviso in it specifying the penalties of breaching any one of the terms of the lease agreement. It is then up to the owner what leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. More significantly one must demonstrate to a law court that there actually is and or will likely be serious personal injury to people (this could incorporate the unlawful inhabitants themselves) or else damage to the property if the court order does not get awarded. The emergency eviction is so powerful, that it enables the defiant lessee or the wrongful occupant to get required by the court to move out of the building inside 24h, failing which the sheriff of the court is authorised to forcefully dislodge the unlawful resident off the property.
Time & Cost of Evictions
To expel a leaseholder in Blackheath lawfully, the best way to reduce costs and ultimately losses is to act speedily and effectively while eliminating avoidable setbacks. The rental fee and loss recovery process is generally instituted hand and hand, and functions in line with the application for the legal eviction plan.
Landlords Rights
Although a concrete lease agreement streamlines eviction steps, the lack of a lease agreement doesn’t necessarily suggest that unauthorised residents can not be dislodged. See more about lease-holders rights & duties here.
Required Documents
The start would certainly be usually to secure the acknowledged rental arrangement from the client and details of the neglects of the resident. In case of the tenant fails to compensate rent, complete particulars of the arrears needs to be given by the property owner.
Expert eviction advice from Rubensteins Attorneys, experienced eviction lawyers in Vogelvlei. Specializing in fast legal eviction notices for landlords and property owners.
Eviction Lawyers for Vogelvlei in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the leading legal solutions firms in Cape Town. Our primary main focus is on producing the absolute best legal services assistance to our clients. Each of our clients gain from our vast experience with all key specialties of local law. Our intent is to go above and beyond, to rise above expectations and to put our clients requirements 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.