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.
For additional information on exactly how our staff are able to assist anyone with evictions, don’t hesitate to contact our eviction practitioners. Your home or business could be an income-earning asset to anyone, however, to your renters it is actually their residence. So just what do you do once your renter cannot pay the rental and ends up in infraction of the contract agreement? A landlord aren’t able to take the law into her/his own hands if a renter quits paying their rent.
Tenants Not Paying Rent
Exactly what must you do when a leaseholder refrains from paying rent? Counsel an attorney to set in motion eviction process? Secure a financial debt judgment? Or even reach an arrangement with the lessee which enables him or her to repay what you are owed? There really is virtually nothing to prevent a landlord from putting out a call for the payable rental immediately after the occupant has actually been expelled.
Getting Tenants Out
An unauthorized tenant may attend the courtroom hearing on the day it is set down and oppose the process themselves should they believe that the eviction is unfair.
Lease Agreements
A good lease ought to carry a infraction proviso with it describing the outcomes of breaching any of the terms of the lease. It is then up to the property owner what amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. More importantly a landlord has to demonstrate to a judge that there certainly is and/or will be serious injury to people (that can include the wrongful tenants themselves) alternatively destruction to the property in the event that the request does not get awarded. An emergency eviction is so powerful, that it offsets the recalcitrant tenant or the prohibited inhabitant being required by the law court to abandon the home inside 24 hours, failing which the officer of the court is authorised to purposely remove the prohibited resident from the residential or commercial property.
Time & Cost of Evictions
Since an resident may decide to part with a residential or commercial property at just about any point during the eviction procedure, the outlay can drastically differ with every situation. The rental payment and loss recovery procedure is often initiated hand and hand, and operates in line with the application for the legal eviction proceeding.
Landlords Rights
Even-though a firm rental legal contract streamlines eviction processes, the lack thereof does not mean that unauthorised tenants can’t be subject to an eviction. See more about lease-holders rights here.
Required Documents
The initial step would be to get the signed lease contract agreement from the home-owner and facts of the infringements of the lessee. In the event of the occupant cannot pay out rental, complete specifics of the debts needs to be supplied by the landlord.
Legal eviction notice experts in Wynberg, Cape Town. Rubensteins Attorneys can help with fast eviction advice and notices for landlords and property owners.
Eviction Notice Lawyers for Wynberg in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the top law firms in Cape Town. Our firms aim is on providing the superb legal services assistance to our valued clients. All these include company and commercial to civil & criminal lawsuits, labour problems, business or family conflict resolutions, family law in addition to property matters. We have refined a synergistic ethos, wherein our team help each other to obtain the greatest results for our valued 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.
