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.
Legitimate guidance and representation on a selection of eviction associated troubles. Anytime an eviction legal adviser defends a property owner, she / he may normally prepare his or her property owner about whether or not the individual has grounds to evict the lessee and consequently get ready, file, and serve the eviction documentations and represent his/her homeowner in courtroom. Property evictions are usually accomplished in relations to either PIE or ESTA. Choosing the improper Act will definitely bring about failure, regardless of the merits of the case.
Tenants Not Paying Rent
But precisely what would you do if the resident simply stops paying their rent, and also it becomes apparent that he or she have no intent of settling? It really is in property managers primary interests none the less to terminate the lease and evict the non paying lessees as soon as possible as the prerogative should be to switch a delinquent occupant with a paying tenant.
Getting Tenants Out
An wrongful occupier may go to the court hearing on the day the case is considered and defend himself if he believe the eviction is unjustifiable.
Lease Agreements
Although it is not viewed a official condition to have a drafted lease, it is strongly advised. The contract must spell out all of the conditions– for each of the parties– of the occupancy. The lease contract provides protection to both of landlord and tenant in the event of any party reneging on their duties.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. More notably one will need to show a court of law that there actually is and/or would be significant injury to people (this could involve the unlawful tenants themselves) or damage to the property should the order does not get approved. An urgent eviction is so effective, that it allows for the recalcitrant tenant or the prohibited occupier being ordered by the judge to vacate the residential or commercial property in less than 24 hours, failing which the officer of the court is authorised to purposely dislodge the unauthorised occupier from the property.
Time & Cost of Evictions
As an occupant can decide to clear a property at virtually any stage throughout the eviction proceeding, the expense can considerably fluctuate with scenarios. The rental fee debts recovery procedure is often instituted along with, and operates in combination to the application of the eviction process.
Landlords Rights
Even-though a concrete lease contract simplifies eviction practices, the absence of a lease agreement doesn’t necessarily mean that unlawful tenants can not be removed. See more about landlords rights & duties here.
Required Documents
The initial step should be usually to attain the signed lease contract arrangement from the applicant and facts of the neglects of the renter. In case that the lessee cannot pay out rental, comprehensive specifics of the delinquencies have to be presented by the lessor.
Expert eviction attorney in Bishop Lavis, Cape Town. Contact Rubensteins Attorneys for fast legal eviction notices. Specialising in landlord and property owner advice.
Eviction Order Lawyers for Bishop Lavis in Cape Town
Founded in 2008, Rubensteins Attorneys is fast turning into one of the major law firms in Cape Town. Our aim is on rendering the very best legal services assistance to our clients. Our law firm in Bishop Lavis undertakes to reach the absolute most cost effective and efficient approach to your matters. We try to build lasting and ultimately meaningful associations with our clients, to invest in them and be an instrument of 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.
