LEGAL RESOLUTION IS POSSIBLE WE ARE COMMITTED TO DELIVERING HONEST, ACCURATE, UNBIASED, UP-TO-DATE INFORMATION
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 firm eviction lawyers administer and supervise all sorts of evictions and local rental recovery affairs all over Eagles Nest, Cape Town. Eviction, also known in a number of places as an un-lawful detainer, could be a troublesome process to get through. In terms of the Constitution of South Africa, No one can be forced out from their household, or have their home knocked down, without having an order of court only made once taking into account all the related situations. No legislation could permit irrational evictions.” PIE sets out the processes to be abided by in the case of these removals.
Tenants Not Paying Rent
The duties of tenants together with landlords are taken cared of in statutory, as well as non-statutory law in South Africa. That it is in property owners primary interests nevertheless to revoke the lease and evict the defaulting residents as soon as possible as the top priority should be to switch a delinquent occupant with a paying resident.
Getting Tenants Out
Property owners whom do not carry an eviction request in good time or adhere to the appropriate legal processes can have to survive a long and pricey process.
Lease Agreements
Though it isn’t a legal criteria to possess a drafted lease, it’s strongly advised. The lease contract should spell out each of the terms and conditions– for both parties– of the tenancy. The lease agreement provides safeguard to simultaneously lessor and occupant in case of any individual reneging on their commitments.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Most significantly a property owner will need to demonstrate to a magistrate that there actually is and/or will likely be serious personal injury to individuals (this could consist of the wrongful occupants themselves) or else damages to the property in the event that the court order does not get awarded. An emergency eviction is actually so formidable, that it enables the recalcitrant resident or the wrongful inhabitant to get ordered by the law court to move out of the building in less than 1 day, neglecting which the sheriff of the court is allowed to emphatically remove the unlawful resident from the house.
Time & Cost of Evictions
As an resident may choose to retract from a residential property at just about any time during the eviction process, the outlay can dramatically differ with each situation. The rent arrears recuperation procedure is often started in addition to, and runs in line with the application for the legal eviction processes.
Landlords Rights
Although a concrete lease contract reduces eviction steps, the absence of a lease does not imply that an unlawful tenants can’t be dislodged. Read more about landlords duties and rights here.
Required Documents
The start will be to attain the acknowledged lease commitment from the property owner and specifics of the neglects of the lessee. In the event that the lessee cannot pay for rent, comprehensive specifications of the debts must be presented by the lessor.
Eagles Nest Eviction Services : Are you a landlord or property owner in Eagles Nest, Cape Town? Seeking eviction advice from an attorney? Rubensteins Attorneys are fast experts in legal eviction notices. Contact us now.
Eviction Attorneys for Eagles Nest in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly turning into one of the top attorneys in Cape Town. Our primary focus is on rendering the absolute best legal insight for our valued clients. These also include corporate and commercial to criminal & civil lawsuits, labour issues, business or family conflict resolutions, family law in addition to property matters. Notwithstanding of just how daunting or complicated the decree, we will certainly provide clear, pragmatic & commercially-sound legal services 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.
