TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
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.
As expert residential or commercial property legal representatives in Faerie Knowe, (Noordhoek) we work with landlords, commercial property companies and rental agents involving renter disagreements including evictions. Most untoward tenants relinquish soon after obtaining the opening stipulation from an lawyers to do so. Other people put up a contest and continue being inside of the residential or commercial property for much longer. If our clients want to remove an unauthorised occupant from personal premises, the process in relations to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be abided by. Basically, the lessor will have to secure a subpoena to dislodge an prohibited occupier. Sections 4 to 6 of the Act attends to procedure in case of evictions and this incorporates urgent eviction notices.
Tenants Not Paying Rent
If all else fails and the tenant still won’t pay, obtain an eviction lawyer. With the very first achievable chance docket a tenant-landlord objection in a court of law. There is virtually nothing to stop a property owner from issuing a call for the delinquent rental after the lessee has been evicted.
Getting Tenants Out
Landlords who do not bring an eviction request in good time or comply with the right legal procedures may have to survive a long and pricey process.
Lease Agreements
Having a secure lease agreement should carry a infringement stipulation with it laying out the penalties of breaching any one of the conditions of the lease contract. It is up to the property owner how much leniency you wish to show thereafter.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Very significantly an individual needs to demonstrate to a judge that there certainly is and/or will be considerable injury to persons (this may include the wrongful occupants themselves) or even destruction to property should the request does not get awarded. The urgent eviction is so powerful, that it enables the recalcitrant resident or the illegal occupier to be required by the law court to vacate the residential or commercial property within 24 hours, declining which the sheriff of the court is allowed to forcefully dislodge the prohibited tenant off the residential or commercial property.
Time & Cost of Evictions
Since an tenant can choose to clear a residential or commercial property at almost any phase through the eviction procedure, the cost can greatly vary with circumstances. The rent payment debts retrieval processes is generally launched along with, and functions in conjunction to the application for the eviction process.
Landlords Rights
Despite the fact that a solid lease legal contract reduces eviction processes, the lack thereof doesn’t mean that an illegal occupants can’t be subject to an eviction. Find out more about property owners rights and duties here.
Required Documents
The start should be usually to secure the acknowledged lease commitment from the home-owner and details of the infringements of the resident. In case of the tenant cannot pay for rent, comprehensive particulars of the debts needs to be provided by the property owner.
Assistance with Faerie Knowe Evictions in Cape Town
Cape Town eviction attorney. Looking for eviction advice in Faerie Knowe? Rubensteins Attorneys are the experts in fast legal eviction notices for landlords and property owners in Cape Town. Trust our expertise for a smooth and efficient eviction process.
Eviction Order Lawyers for Faerie Knowe in Cape Town
Established in 2008, Rubensteins Attorneys is fast turning into one of the leading legal solutions firms in Cape Town. Evictions are managed by Rubensteins Attorneys who are a very skilled an accomplished litigation attorneys with a in depth knowledge of eviction laws in Cape Town & South Africa. Rubensteins have numerous successful eviction cases in their portfolio, for both private in addition to corporate clients. All these areas include company & commercial to criminal & civil litigation, labor problems, family or business dispute resolutions, family law together with property related matters. At Rubensteins we have cultivated a collaborative ethos, wherein our staff help each other to attain the very best results for our clients.
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.
