LEGAL SERVICES DESIGNED FOR YOU INDIVIDUALISED LEGAL PLANS
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.
To find out more on the best way our staff may support you with evictions, feel free to talk to our eviction specialists. Most untoward occupiers depart only after obtaining the initial demand from an attorney to do so. Many other put up a dispute and continue to be with the residential or commercial property for much longer. If our clients want to dislodge an unlawful occupant from personal premises, the processes in regards to schedule 4 and also 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be abided by. In essence, the landlord must secure a court order to dislodge an wrongful occupier. Sections 4 to 6 of the Act attends to procedure in the event of evictions and this incorporates urgent eviction directives.
Tenants Not Paying Rent
The responsibilities of lessees and also lessors are covered in statutory, and also non-statutory law in Southern Africa. That it resides in property managers primary interests nevertheless to revoke the lease and evict the defaulting residents asap as the priority should be to switch a delinquent occupant with a paying renter.
Getting Tenants Out
Problems causing by postponed action or erroneous legal approaches frequently causes additional legal services costs, loss of rentals income and inflated risk of damages to the building.
Lease Agreements
A lease must have a delinquency proviso with it specifying the consequences of breaching any one of the terms of the lease contract. It is then up to you what amount of leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction processes. More importantly one needs to explain to a judge that there certainly is and/or will be considerable personal injury to individuals (this can incorporate the unauthorised occupants themselves) or damages to the property in the event that the request is not approved. An immediate eviction is so effective, that it enables the recalcitrant tenant or the unlawful occupier being demanded by the law court to vacate the property in less than 24 hours, neglecting which the officer of the court is authorised to purposely remove the illegal resident off the property.
Time & Cost of Evictions
As an tenant can decide to vacate a property at almost any point through the eviction process, the cost can greatly vary with circumstances. The rental payment arrears retrieval processes is frequently initiated hand and hand, and runs in line with the application for the eviction plan.
Landlords Rights
Even though a concrete lease contract reduces eviction process, the lack thereof doesn’t mean that an illegal occupants can’t be dislodged. Find out more about lease-holders duties & rights here.
Required Documents
The very first step would be normally to obtain the subscribed lease arrangement from the applicant and details of the transgressions of the tenant. In case that the occupant fails to pay for rent, comprehensive details of the debts needs to be supplied by the landlord.
Eviction Order in Sarepta, Cape Town A Disturbing Reality
Looking for expert eviction advice in Sarepta? Contact Rubensteins Attorneys, a fast and efficient eviction attorney, for legal eviction notices in Cape Town.
Eviction Lawyers for Sarepta in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly turning into one of the major law firms in Cape Town. Having acquired a reputable name for excellence, Rubensteins is marked in its own industry by its devotion to its customers, and its ability to identify unique and innovative resolutions to even some of the most challenging of law challenges. These involve company and commercial to criminal and civil lawsuits, labour problems, business or family dispute resolution, family law in addition to property transactions. Notwithstanding of just how demanding and / or complicated the mandate, we will certainly provide clear, efficient & commercially-sensible legal 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.
