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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 legal advisers are experts in critical eviction notifications in Cape Town. Whenever an eviction lawyer is agent for a property owner, he/she would generally speaking prepare his/her property owner as to whether or not he or she has grounds to evict the resident and after that get ready, submit, and serve the eviction documentations and represent his/her homeowner in law court. A landlord just cannot take the law into her/his own hands if a leaseholder stops paying for rentals due.
Tenants Not Paying Rent
However just what would you do if the renter just ends giving their rent, and it eventually becomes evident that she or he have zero plan of paying out? There certainly is nothing to stop a property owner from issuing a call for the past due rent payment immediately after the occupant has been removed.
Getting Tenants Out
Lessors that do not deliver an eviction request in good time or observe the correct legal process might just need to survive a lengthy and expensive procedure.
Lease Agreements
Your lease ought to contain a infringement section with it detailing the penalties of breaching any of the stipulations of the contract. It is up to you the amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. More importantly one will need to demonstrate to a judge that there actually is and or will be substantial personal injury to people (this can incorporate the wrongful inhabitants themselves) or damage to residential or commercial property if the request does not get awarded. An emergency eviction is actually so effective, that it enables the recalcitrant resident or the unlawful occupier to be ordered by the law court to abandon the building inside 1 day, neglecting which the sheriff of the court is mandated to emphatically remove the illegal occupier off the home.
Time & Cost of Evictions
As an resident can elect to clear a residential property at just about any point through the eviction proceeding, the expense can substantially differ with scenarios. The rent debts recovery processes is usually started in addition to, and functions in line with the application for the legal eviction processes.
Landlords Rights
Though a iron clad lease legal contract shortens eviction processes, the lack of a lease agreement doesn’t mean that unauthorised residents can’t be subject to an eviction. See more about property owners rights and duties here.
Required Documents
The first step will be to obtain the signed lease contract agreement from the client and details of the neglects of the lessee. In case of the occupant cannot pay for rent, complete specifics of the delinquencies needs to be supplied by the property owner.
Attorneys in Cape Town Specialising in Braeview Evictions
Expert eviction guidance in Braeview. Get reliable services from Rubensteins Attorneys, the leading experts in Cape Town. Contact us today at Braeview Evictions Cape Town Attorneys.
Eviction Order Lawyers for Braeview in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the major law firms in Cape Town. Our priority is on offering the very best law guidance to our valued clients. All of our clients benefit from our exceptional experience in all key disciplines of the law. We try to create long-lasting and ultimately meaningful partnerships with our clients, to commit to them and ultimately be a part of their progress & their success.
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.
