DISCOVER HOW WE CAN HELP YOU ON YOUR LEGAL JOURNEY
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 legal practitioners can support with all eviction concerns in Bay Park. Anytime an eviction law firm is agent for a property manager, he or she may generally counsel his property owner as to if the individual has good grounds to evict the resident and then prepare, register, and serve the eviction documents and represent his or her client in law court. Our intention is to work with our clients to solve the legal matters in their commercial property and also personal lives in a uncomplicated, efficient, professional and timeous manner. We take pride in ourselves concerning our high work principles and attention to detail.
Tenants Not Paying Rent
Precisely what can you do when a leaseholder refrains from paying rent? Counsel an lawyer to start eviction proceedings? Secure a debt ruling? Or get to an commitment with the lessee that permits him or her to settle what you are owed? There is nothing at all to stop a proprietor from issuing a summons for the delinquent rent payment after the lessee has actually been evicted.
Getting Tenants Out
Hold-ups resulting from prolonged action or incorrect legal steps oftentimes provokes increased legal fees, loss of rent income and amplified risk of damage to the residence.
Lease Agreements
Regardless of the fact that it is not a judicial requirement to possess a drafted lease agreement, it’s definitely advocated. The lease should outline all the terms and conditions– for both the parties– of the occupancy. The lease provides security to both property owner and lessee in case of either one individual breaking their committals.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. More notably a landlord must explain to a law court that there actually is and or will likely be substantial personal injury to people (that may incorporate the unlawful occupants themselves) or damage to the property should the request is not approved. The urgent eviction is actually so formidable, that it enables the unwilling lessee or the illegal occupant to get required by the court to move out of the building inside 24 hours, failing which the sheriff of the court is allowed to emphatically remove the unlawful tenant from the home.
Time & Cost of Evictions
Considering that an tenant can opt to move out of a residential property at pretty much any stage during the eviction procedure, the cost can considerably fluctuate with circumstances. The rental and loss recuperation process is usually begun alongside, and works in combination to the application of the legal eviction processes.
Landlords Rights
Even-though a firm lease agreement streamlines eviction practices, the lack of a lease does not necessarily mean that an illegal tenants can’t be subject to an eviction. Read more about property owners rights and duties here.
Required Documents
The initial step will be normally to get the signatured lease agreement from the applicant and details of the breaches of the lessee. In case of the lessee fails to compensate rent, complete specifics of the arrears have to be provided by the client.
Need eviction advice? Get fast legal eviction notices from expert attorneys at Rubensteins Attorneys in Bay Park Evictions, Cape Town.
Eviction Attorneys for Bay Park in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the most popular legal in Cape Town. Having indeed developed a reputable name for efficiency, Rubensteins is recognised in the industry by its dedication to its customers, and also its ability to discover inspired and original resolutions to even some of the most challenging of law challenges. These involve corporate and commercial to civil and criminal lawsuits, labour issues, business or family dispute resolution, family law as well as estate related transactions. We endeavour to make lasting and ultimately meaningful associations with our clients, to commit to them and ultimately be an instrument to their growth and their successes.
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.
