TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
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 property legal practitioners are furthermore able to resolve evictions concerning residential or commercial properties situated Morgenster, (Brackenfell) across Cape Town. Most ungovernable occupiers depart only after obtaining the initial demand from an law firm to do so. Other people put up a argument and remain with the residence for much more time. Evictions in relations to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
Property owners in Morgenster should stay away from such unlawful activities as locking the occupant out or disengaging services. That it resides in property owners primary interests never the less to revoke the lease and evict the defaulting tenants immediately as the top priority should be to replace a delinquent occupant with a paying leaseholder.
Getting Tenants Out
Property managers who do not carry an eviction application in good time or abide by the right legal process might just need to withstand a prolonged and pricey experience.
Lease Agreements
A lease contract must contain a breach condition in it detailing the results of breaching any of the terms of the lease contract. It is up to the proprietor what amount of lenience you wish to show.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. More notably a landlord will need to demonstrate to a magistrate that there certainly is and will be serious personal injury to persons (this may incorporate the unlawful occupants themselves) or else damage to residential or commercial property in the event that the order does not get approved. An immediate eviction is so compelling, that it offsets the recalcitrant tenant or the prohibited occupier to be demanded by the judge to abandon the home within 1 day, declining which the sheriff of the court is authorised to forcefully remove the unauthorised occupier off the property.
Time & Cost of Evictions
As an resident may elect to retract from a house at any time during the eviction proceeding, the price can drastically differ with circumstances. The rental payment arrears retrieval procedure is often launched in addition to, and operates in combination to the application for legal eviction process.
Landlords Rights
Though a strong lease contract shortens eviction steps, the absence of a lease agreement does not mean that unlawful occupants cannot be removed. See more about landlords duties and rights here.
Required Documents
The first step will be to secure the signed lease arrangement from the applicant and facts of the transgressions of the renter. In case of the tenant cannot compensate rent, complete specifics of the delinquencies must be presented by the client.
Morgenster Evictions : Are you a landlord or property owner in Cape Town seeking eviction advice? Rubensteins Attorneys are experts in fast legal eviction notices. Consult our experienced lawyers at Morgenster Evictions Eviction Law today.
Eviction Order Lawyers for Morgenster in Cape Town
Founded in 2008, Rubensteins Attorneys fast became one of the major law firms in Cape Town. All evictions are dealt with by Rubensteins Attorneys who are a highly proficient an adept litigation lawyers with a extensive knowledge of eviction laws in South Africa. Rubensteins come with numerous successful evictions under their belt, for private and also corporate and business clients. All these also include corporate & commercial to civil & criminal litigation, labor disputes, business or family conflict resolutions, divorce law as well as estate related dealings. At Rubensteins Attorneys we have cultivated a synergistic culture, in which our team support one another to accomplish the most effective results for our clients.
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.
