LEGAL RESOLUTION IS POSSIBLE WE ARE COMMITTED TO DELIVERING HONEST, ACCURATE, UNBIASED, UP-TO-DATE INFORMATION
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 eviction counselors can easily serve to help you to tackle evictions properly. When it comes to evictions, the best and most critical task is to put an end to the financial haemorrhaging. Currently there are numerous alternate strategies that can possibly be used so as to get a evading tenant to abide, the solution of eviction is quite conclusive within South African Law. The procedure is distinctly specified and normally takes between 6-12 weeks from the time the request is first served upon the occupant up until the dates when the occupant is informed by the pertinent Judge or Magistrate to part with the home.
Tenants Not Paying Rent
One of the largest issues is that of tenants who do not pay the rent payment & the following expulsion of the lessees. There is nothing to stop a landlord from dispatching a call for the unpaid rental payment immediately after the renter has actually been expelled.
Getting Tenants Out
Property managers which do not bring an eviction application in good time or adopt the proper legal procedures might need to withstand a lengthy and very expensive process.
Lease Agreements
Your lease agreement should contain a noncompliance stipulation in it detailing the implications of breaching one of the terms of the lease contract. It is then up to the owner the amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Act provides for urgent eviction proceedings. Very importantly one needs to prove to a court that there is and/or will be considerable personal injury to individuals (that may consist of the unauthorised occupiers themselves) or else destruction to residential or commercial property if the request is not granted. An immediate eviction is so effective, that it enables the defiant lessee or the prohibited inhabitant to be commanded by the court to move out of the residential or commercial property inside of 1 day, failing which the sheriff of the court is mandated to purposely remove the unauthorised tenant off the residential property.
Time & Cost of Evictions
In order to remove a leaseholder in Somerset West legitimately, optimal way to minimize expenses and ultimately losses is to act speedily and proficiently while avoiding needless postponements. The rental fee and loss recovery process is often instituted in addition to, and runs in line with the application for legal eviction procedure.
Landlords Rights
Though a solid rental contract reduces eviction steps, the lack of a lease agreement doesn’t necessarily mean that an unlawful occupants can not be evicted. Read more about property owners rights & duties here.
Required Documents
The start would certainly be to find the acknowledged lease agreement from the home-owner and facts of the contraventions of the lessee. In the event of the lessee fails to compensate rent, full particulars of the debts needs to be given by the lessor.
Canwick Evictions - Are you a landlord in need of eviction advice? Get expert help from Rubensteins Attorneys, Cape Town's leading eviction lawyers. Trust us for fast and effective legal eviction notices.
Eviction Notice Lawyers for Canwick in Cape Town
Established in 2008, Rubensteins Attorneys swiftly turned into one of the most popular law firms in Cape Town. Having developed a track record for excellence, Rubensteins is marked in its profession by its allegiance to its customers, and also its competency to find creative and innovative strategies to even some of the most challenging of law predicaments. All these involve company & commercial to criminal & civil litigation, labour issues, family or business conflict resolutions, divorce law in addition to property transactions. Our intention is to go above and beyond, to surpass expectations and to put our valued clients requirements above everything 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.
