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.
We pride our attorneys can support with any eviction matters in Greenfield. Get offending occupants out immediately – whether or not it spells offering to take a loss on some of the outstanding rental. In reference to the Constitution of South Africa, No individual can be evicted from their house, or have their residence knocked down, without an order of court made after taking into account each of the related circumstances. No legislation could allow arbitrary evictions.” PIE sets out the process to be abided by when it comes to these types of evictions.
Tenants Not Paying Rent
Exactly what can a person do when a lessee refrains from paying due rent? Counsel an lawyer or attorney to begin eviction process? Get a unpaid debt judgment? Or even reach an commitment with the tenant which permits him or her to pay off what you are owed? That it resides in property owners best interests nevertheless to revoke the lease and evict the defaulting residents without delay as the priority ought to be to replace a non-paying lessee with a paying resident.
Getting Tenants Out
Problems resulting from stalled action or improper legal processeses normally generates added legal services fees, loss of rentals revenue and increased risk of damage to the property.
Lease Agreements
Whilst it is not deemed a official requirement to possess a drafted lease, it is ardently recommended. The lease will illustrate all the details– for both the parties– of the tenancy. The lease contract gives protection to both of landlord and lessee in the circumstance of either one individual defaulting on their duties.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Very importantly an individual must explain to a judge that there certainly is and will be serious personal injury to individuals (that may incorporate the unauthorised tenants themselves) or even damages to property should the request does not get awarded. An urgent eviction is actually so compelling, that it allows for the unwilling lessee or the illegal inhabitant to get ordered by the law court to move out of the home inside of 1 day, failing which the officer of the court is permitted to emphatically remove the illegal inhabitant off the residential or commercial property.
Time & Cost of Evictions
In order to remove a resident in Blue Downs under legal standing, the best way to reduce costs and inevitably losses is to operate swiftly and appropriately while staying clear of unnecessary delays. The rent payment arrears recuperation process is ordinarily started alongside, and functions in conjunction to the application for the legal eviction processes.
Landlords Rights
Although a sound rental legal contract streamlines eviction processes, the lack of a lease agreement does not mean that an illegal residents can’t be subject to an eviction. See more about lease-holders rights here.
Required Documents
The first step will be usually to get the subscribed lease arrangement from the applicant and particulars of the transgressions of the tenant. In the event of the lessee cannot pay for rent, complete specifications of the debts should be presented by the landlord.
Get expert eviction help in Greenfield, Cape Town. Rubensteins Attorneys specialize in fast legal eviction notices for landlords and property owners. Contact us for advice today!
Eviction Lawyers for Greenfield in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly turned into one of the leading law firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who are a highly skilled an skilled litigation lawyers with a comprehensive understanding of eviction laws in Cape Town and South Africa. Rubensteins have many successful legal evictions in their past record, for both civil in addition to corporate and business clients. Our firm in Greenfield undertakes to deliver the most cost effective and proficient approach to your legal matters. Irrespective of just how demanding or complicated the decree, we will certainly provide crystal clear, efficient and commercially-sensible legal advice.
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.
