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 eviction legal representatives specialises in urgent eviction orders in Cape Town. In evictions, the absolute most fundamental action is to put an end to the cash haemorrhage. Generally there are countless other tactics that may be utilised to get a dishonouring lessee to comply, the solution of eviction is generally rather definitive with South African Law. The progression is distinctly detailed and normally takes between six to twelve full weeks from the moment the application is first passed upon the tenant up until the date when the renter is notified by the applicable Court or Magistrate to part with the home.
Tenants Not Paying Rent
In a large number of places, it is prohibited to remove a tenant before all legal proceedings are complete, and this can take months. Of course, there is nothing to stop a proprietor from issuing a call for the overdue rent payment after the renter has been removed.
Getting Tenants Out
Hold-ups coming from stalled action or incorrect legal strategies normally provokes added legal services costs, loss of rental cash flow and extended risk of damage to the residence.
Lease Agreements
Whilst it is not regarded a judicial requirement to have a prepared lease contract, it’s highly advised. The contract will illustrate all the terms– for both equally parties– of the tenancy. The lease gives security to both property owner and occupant in case of either party defaulting on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Very importantly one must prove to a court of law that there certainly is and/or would be substantial personal injury to persons (that may involve the unlawful occupants themselves) or even damage to residential or commercial property in case that the court order is not granted. An immediate eviction is so formidable, that it allows for the recalcitrant lessee or the wrongful inhabitant to be ordered by the law court to leave the property inside of 24 hours, failing which the sheriff of the court is mandated to emphatically remove the unauthorised occupier off the home.
Time & Cost of Evictions
In order to evict a leaseholder in Durbanville lawfully, the best way to minimise expenses and ultimately losses is to operate efficiently and appropriately whilst keeping away from avoidable setbacks. The rental arrears recuperation process is normally instituted in addition to, and functions in line with the application for legal eviction proceeding.
Landlords Rights
Even-though a sound rental contract shortens eviction practices, the lack of a lease agreement does not suggest that an illegal occupants can’t be removed. Find out more about landlords duties & rights here.
Required Documents
The first step should be normally to obtain the signatured rental arrangement from the client and details of the contraventions of the renter. In case that the occupant cannot compensate rent, full specifications of the delinquencies should be given by the lessor.
Vierlanden eviction guidance. Vierlanden eviction guidance. Looking for eviction advice in Vierlanden, Cape Town? Rubensteins Attorneys are experts in fast legal eviction notices, offering assistance to landlords and property owners. Contact us now for the best eviction help.
Eviction Notice Attorneys for Vierlanden in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly turned into one of the most popular attorneys in Cape Town. Our primary focus is on ensuring the superb legal services guidance to our valued clients. These include company and commercial to civil & criminal lawsuits, labour problems, business or family conflict resolution, family law together with property transactions. We aim to make lasting and ultimately meaningful associations with our clients, to invest in their legal issues and ultimately be a part to their progression & their success.
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.
