WE’RE HERE TO HELP LANDLORDS AND PROPERTY OWNERS GET THE LEGAL HELP THEY NEED
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 eviction advisors can easily support you to tackle evictions smoothly. An eviction attorney is agent that specialises in eviction policy and might work on oftentimes serving to help property owners in Vergesig to remove tenants or standing up for lessees from unlawful eviction. In order to dislodge an unauthorised occupant from personal building, the procedure in relations to schedule 4 and 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be adhered to. In essence, the landlord needs to attain a court order to dislodge an unlawful inhabitant. Sections 4 to 6 of the Act provides for procedure in case of evictions and this incorporates urgent eviction notifications.
Tenants Not Paying Rent
In lots of areas, it is prohibited to remove a leaseholder until all court proceedings are complete, and this may take few weeks. It really is in lessors primary interests nevertheless to cancel the lease and evict the non paying occupants as soon as possible as the key concern ought to be to switch a delinquent occupant with a paying renter.
Getting Tenants Out
Though many of us can not imagine a scenario developing where the renter not only decides not to pay for the rent, but furthermore decides not to move out.
Lease Agreements
Whilst it is not a legal prerequisite to have a drafted lease contract, it is definitely advised. The contract must illustrate all of the conditions– for both of these individuals– of the occupancy. It ensures security to both of landlord and renter in the event of any individual breaking their commitments.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Most importantly a lessor needs to demonstrate to a court that there certainly is and will likely be substantial injury to people (this can consist of the unauthorised tenants themselves) or else destruction to residential or commercial property in case that the request does not get approved. An immediate eviction is actually so effective, that it allows for the recalcitrant tenant or the unlawful inhabitant being required by the law court to leave the building in less than 1 day, failing which the sheriff of the court is authorised to forcefully evict the unlawful inhabitant from the home.
Time & Cost of Evictions
Considering that an tenant could opt to retract from a property at any time during the eviction procedure, the costs can dramatically fluctuate with scenarios. The rental debts recuperation procedure is often set in motion in addition to, and runs in line with the application for the legal eviction procedure.
Landlords Rights
Regardless of the fact that a strong lease legal contract streamlines eviction steps, the absence of a lease agreement does not imply that an unlawful tenants can not be subject to an eviction. See more about lease-holders duties and rights here.
Required Documents
The start should be normally to get the acknowledged lease agreement from the property owner and specifics of the infringements of the renter. In case of the tenant cannot pay for rental, comprehensive details of the delinquencies have to be presented by the property owner.
Need eviction advice? Rubensteins Attorneys is the go-to law firm in Vergesig, Cape Town. Contact us today for expert legal assistance on fast eviction notices.
Eviction Notice Lawyers for Vergesig in Cape Town
Established in 2008, Rubensteins Attorneys swiftly turned into one of the most popular law firms in Cape Town. Our focus is on ensuring the absolute best law advice for our valued clients. All these areas also include company and commercial to civil & criminal lawsuits, labor disputes, business or family conflict resolution, family law as well as estate related matters. Notwithstanding of just how daunting or complicated the decree, we will certainly give clear, practical and 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.
