WE'VE GOT YOU COVERED WITH LEGAL PLANS IN SOUTH AFRICA
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 advisers specialises in urgent eviction notices in Cape Town. Eviction, additionally distinguished in various places as an unlawful detainer, could be a complex action to traverse. In essence, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) offers procedures for eviction of unauthorised tenants and restrains illegal evictions. The primary intention of the Act is to provide protection to both occupiers and landlords. The home owner or landlord needs to observe the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they wish to remove a tenant.
Tenants Not Paying Rent
The responsibilities of lessees together with landlords are protected in statutory, and non-statutory law in South Africa. That it resides in property owners primary interests nevertheless to cancel the lease and evict the defaulting occupants without delay as the key concern ought to be to removed and replace a non-paying lessee with a paying tenant.
Getting Tenants Out
Lessors which do not deliver an eviction request in good time or follow the right legal procedures might just need to withstand a long and expensive process.
Lease Agreements
A good lease agreement ought to carry a infringement provision with it outlining the outcomes of breaching one of the terms of the lease contract. It is then up to the owner just how much lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction proceedings. Most importantly one must demonstrate to a judge that there certainly is and will be serious personal injury to persons (this may include the wrongful occupiers themselves) or damages to property if the court order does not get granted. An emergency eviction is so effective, that it offsets the defiant tenant or the illegal inhabitant to be ordered by the law court to abandon the home within 1 day, declining which the officer of the court is mandated to purposely evict the unauthorised occupier off the residential property.
Time & Cost of Evictions
In order to expel a lease holder in Gugulethu legitimately, the best way to lower costs and ultimately losses is to operate quickly and properly whilst steering clear of avoidable hold-ups. The rental fee arrears recuperation process is often launched hand and hand, and runs in combination to the application for the eviction proceeding.
Landlords Rights
Even though a solid lease agreement streamlines eviction procedures, the absence of a lease agreement doesn’t necessarily mean that unlawful tenants cannot be subject to an eviction. Find out more about property owners duties and rights here.
Required Documents
The start should be to secure the signatured rental arrangement from the property owner and details of the infringements of the tenant. In case that the occupant cannot pay for rent, comprehensive specifics of the delinquencies should be supplied by the client.
Eviction attorney in Phola Park. Looking for eviction advice in Phola Park, Cape Town? Rubensteins Attorneys, the experts in fast legal eviction notices, are here to help landlords and property owners. Reach out now for expert legal guidance.
Eviction Lawyers for Phola Park in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the most popular legal in Cape Town. Having already acquired a track record for efficiency, Rubensteins is recognised in its field by its dedication to its clients, and its aptitude to discover inspired and innovative resolutions to even some of the most intricate of law challenges. All these involve corporate & commercial to civil and criminal litigation, labour disputes, family or business dispute resolutions, family law together with property transactions. We endeavour to make lasting and ultimately meaningful relationships with our clients, to commit to their legal issues and ultimately be a part to their progression & their prosperity.
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.
