PERSONALISED EVICTION SERVICES INDIVIDUALISED FOR YOUR NEEDS
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.
For more information on the best way our staff may support anyone with evictions, feel free to speak to our eviction professionals. In evictions, the best and most fundamental factor is to stop the cash haemorrhage. Generally there are countless alternative methods that can possibly be utilised in order to get a defaulting lessee to comply, the decision of eviction is certainly quite official with South African Law. The course of action is clearly itemised and ordinarily takes between six to twelve workweeks from the time the request is initially served upon the lessee until the time-frames when the renter is informed by the applicable Court or Magistrate to move out of the building.
Tenants Not Paying Rent
Exactly what must a person do the moment a leaseholder stops paying their rent? Instruct an lawyer to set in motion eviction proceedings? Secure a unpaid debt judgment? Or reach an commitment with the renter which allows him or her to pay off what you are owed? Generally there is nothing to stop a property owner from putting out a call for the payable rent payment immediately after the tenant has actually been evicted.
Getting Tenants Out
An unlawful occupier might go to the courtroom hearing on the day the case is ascribed and fight for themselves should they believes the eviction is unfair.
Lease Agreements
Having a secure lease contract should carry a contravention paragraph with it describing the effects of breaching any of the terms of the lease. It is up to the owner what lenience you wish to show.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Very importantly one has to show a judge that there actually is and will be serious personal injury to people (this may include the unlawful occupiers themselves) alternatively damages to property if the request is not granted. An emergency eviction is actually so compelling, that it allows for the unwilling lessee or the prohibited occupant being ordered by the judge to vacate the home inside 24h, failing which the officer of the court is authorised to purposely remove the prohibited occupier from the property.
Time & Cost of Evictions
Considering that an tenant might opt to clear a property at virtually any phase during the eviction procedure, the price can considerably vary with scenarios. The rent debts recuperation processes is often set in motion along with, and functions in conjunction to the application for the legal eviction proceeding.
Landlords Rights
Even-though a firm lease legal contract shortens eviction process, the lack of a lease agreement doesn’t necessarily mean that unlawful residents can not be dislodged. See more about property owners rights & duties here.
Required Documents
The initial step should be normally to secure the subscribed lease contract commitment from the client and specifics of the breaches of the resident. In the event that the occupant fails to compensate rental, complete specifics of the debts needs to be given by the client.
De Tuin eviction order. Looking for eviction advice? Rubensteins Attorneys in De Tuin, Cape Town are experienced experts in fast legal eviction notices for landlords and property owners. Seek professional help today.
Eviction Attorneys for De Tuin in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly turned into one of the leading law firms in Cape Town. Our aim is on rendering the very best law assistance to our valued clients. These also include corporate and commercial to civil and criminal lawsuits, labor issues, business or family conflict resolution, divorce law together with property related matters. We aim to build long-lasting and meaningful associations with our clients, to invest in them and be a part of their progression and their successes.
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.
