LEGAL SERVICES DESIGNED FOR YOU INDIVIDUALISED LEGAL PLANS
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 additional information on how our firm are able to help anyone with evictions, feel free to consult with our eviction consultants. It is very important for virtually any landlord or financier with a leasing portfolio to enlighten themselves with the PIE Act along with the numerous practices it lays out for legitimately addressing offending occupants. Our veteran eviction legal advisers are acquainted with the PIE Act as well as the criteria from our local courts and procedures which deal with evictions & rental recoveries.
Tenants Not Paying Rent
If all else fails and the tenant still doesn’t pay, get an eviction lawyer. On the earliest achievable chance record a tenant-landlord complaint in court. There really is virtually nothing to prevent a landlord from putting out a summons for the overdue rental payment immediately after the tenant has actually been extruded.
Getting Tenants Out
Though a number of us cannot imagine a situation happening where the tenant not only chooses not to pay for the rent, but furthermore decides not to move out.
Lease Agreements
Your lease contract needs to contain a infringement proviso in it specifying the results of breaching one of the conditions of the lease agreement. It is then up to you what lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. More significantly a lessor must demonstrate to a court of law that there is and will be significant injury to persons (this may include the unauthorised tenants themselves) alternatively damage to residential or commercial property in case that the court order does not get approved. An immediate eviction is actually so formidable, that it offsets the recalcitrant lessee or the prohibited inhabitant being ordered by the judge to abandon the property within 24h, neglecting which the officer of the court is permitted to emphatically remove the prohibited occupier off the residential or commercial property.
Time & Cost of Evictions
As an tenant could choose to move out of a residential or commercial property at pretty much any point through the eviction procedure, the costs can substantially vary with circumstances. The rent payment arrears recuperation process is typically started in addition to, and runs in line with the application of the eviction proceeding.
Landlords Rights
Despite the fact that a sound lease agreement reduces eviction steps, the absence of a lease does not imply that unauthorised occupants cannot be removed. Read more about landlords rights & duties here.
Required Documents
The first step should be usually to obtain the signed lease contract arrangement from the applicant and particulars of the transgressions of the renter. In the event that the lessee cannot pay for rental, complete details of the arrears needs to be provided by the property owner.
Best eviction attorney in Cape Town. Looking for eviction advice in Dreyersdal, Cape Town? Rubensteins Attorneys are the experts in fast legal eviction notices for landlords and property owners. Get the help you need today.
Eviction Lawyers for Dreyersdal in Cape Town
Formed in 2008, Rubensteins Attorneys is fast turning into one of the top law firms in Cape Town. All evictions are handled by Rubensteins Attorneys who is a highly skilled an adept litigation lawyers with a detailed understanding of eviction laws in Cape Town and South Africa. Rubensteins hold numerous successful eviction cases in their portfolio, for both civil as well as business clients. Our firm in Dreyersdal undertakes to achieve the most affordable and efficient handling of your problems. Regardless of how daunting or intricate the mandate, we will certainly give crystal clear, pragmatic & commercially-sound 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.
