OUR CAPE TOWN OFFICE OFFERS SEVERAL SPECIALTY PROGRAMS TO ENSURE THAT OUR SERVICES MEET YOUR NEEDS
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 firms eviction lawyers are experts in critical eviction notifications in Cape Town. Get tardy renters out as swiftly as is possible – whether or not it means granting to write off some of the outstanding rental money. In order to evict an unlawful tenant from domestic premises, the course of action in terms of schedule 4 and also 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be obeyed. Generally, the owner will need to acquire a court order to remove an prohibited occupier. Sections 4 to 6 of the Act attends to procedure in case of evictions and this features urgent eviction notices.
Tenants Not Paying Rent
Exactly what must a person do if a lessee refrains from paying due rent? Counsel an legal professional to initiate eviction process? Obtain a personal debt judgment? Or even reach an arrangement with the lessee that makes it possible for her or him to pay off what you are owed? There is nothing to stop a property owner from issuing a summons for the delinquent rental payment after the tenant has been extruded.
Getting Tenants Out
Though a number of us can’t envision a position occurring in which the lessee not only refuses to pay the rent, but furthermore decides not to leave.
Lease Agreements
Even-though it is not regarded a judicial condition to have a documented lease, it’s highly advocated. The lease agreement needs to spell out all the conditions– for both the parties– of the tenancy. The contract grants safeguards to simultaneously property owner and lessee in case of either individual reneging on their commitments.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Most notably one has to demonstrate to a court that there certainly is and would be serious personal injury to individuals (that could include the unauthorised inhabitants themselves) or damage to the property if the order does not get granted. The urgent eviction is so powerful, that it enables the unwilling lessee or the wrongful occupant to get demanded by the court to move out of the home inside of 24 hours, failing which the sheriff of the court is mandated to forcefully dislodge the unauthorised tenant from the house.
Time & Cost of Evictions
As an resident can decide to vacate a home at almost any phase through the eviction process, the costs can significantly differ with circumstances. The rental fee debts recuperation procedure is ordinarily initiated hand and hand, and operates in conjunction to the application for eviction procedure.
Landlords Rights
Though a strong lease agreement reduces eviction procedures, the absence of a lease doesn’t necessarily suggest that an illegal residents cannot be subject to an eviction. See more about landlords duties & rights here.
Required Documents
The first step should be usually to get the signatured lease commitment from the client and specifics of the neglects of the lessee. In the event of the occupant cannot pay rental, comprehensive specifications of the arrears must be presented by the property owner.
Imhofs Gift Evictions : Are you a landlord or property owner in Imhofs Gift, Cape Town? Get expert eviction advice from Rubensteins Attorneys, specialists in fast legal eviction notices.
Eviction Lawyers for Imhofs Gift in Cape Town
Established in 2008, Rubensteins Attorneys is quickly becoming one of the leading legal services firms in Cape Town. Our primary focus is on producing the superb legal insight to our valued clients. All these include corporate and commercial to criminal & civil litigation, labour disputes, business or family dispute resolution, divorce law together with estate related dealings. Our aim is to go above and beyond, to surpass expectations and to place our clients needs above all else.
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.
