FIND YOUR WAY FORWARD LEGAL SERVICES FOR PROPERTY MANAGEMENT AND DISPUTES
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.
We pride our legal professionals can support with all eviction concerns in Die Wingerd. Your house may be an income-earning asset to anyone, although to your tenants it is their home. So just what does one do the moment your lessee fails to pay the rental and lands up in breach of the contract arrangement? If you want to expel an wrongful inhabitant from domestic property, the procedure in whens it come to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be followed. Fundamentally, the lessor must secure a order to expel an unlawful inhabitant. Sections 4 to 6 in the Land Act provide for process in the event of ejections, including when it comes to immediate eviction.
Tenants Not Paying Rent
Precisely what must a person do if a lessee refrains from paying due rent? Instruct an lawyer to initiate eviction proceedings? Obtain a financial debt ruling? Or get to an commitment with the tenant that permits them to repay what you are owed? Generally there is nothing at all to prevent a landlord from putting out a call for the delinquent rental payment after the lessee has actually been evicted.
Getting Tenants Out
Lessors whom do not carry an eviction request in good time or adhere to the correct legal process may have to sustain a extensive and pricey process.
Lease Agreements
A lease agreement should have a delinquency section in it specifying the penalties of breaching one of the terms of the lease. It is then up to the owner what amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More importantly a lessor must explain to a court of law that there actually is and or will likely be considerable personal injury to individuals (this might involve the wrongful occupiers themselves) or else destruction to property in case that the request does not get granted. The urgent eviction is actually so compelling, that it enables the defiant lessee or the illegal occupant to get required by the judge to leave the building within 24 hours, declining which the officer of the court is allowed to emphatically evict the prohibited resident off the home.
Time & Cost of Evictions
Since an lessee may choose to vacate a home at any time during the eviction procedure, the expense can significantly vary with circumstances. The rent payment and loss retrieval procedure is ordinarily launched alongside, and functions in conjunction to the application for eviction process.
Landlords Rights
Despite the fact that a strong lease legal contract simplifies eviction processes, the lack of a lease doesn’t necessarily suggest that an illegal occupants can not be dislodged. Find out more about property owners duties & rights here.
Required Documents
The very first step would certainly be usually to find the acknowledged lease agreement from the applicant and specifics of the noncompliance of the lessee. In case of the tenant cannot pay for rent, complete particulars of the debts should be supplied by the lessor.
Need eviction help in Die Wingerd? Rubensteins Attorneys offer fast, trusted legal eviction assistance for landlords and property owners in Cape Town.
Eviction Notice Attorneys for Die Wingerd in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly turned into one of the major law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a very competent an adept litigation lawyers with a exhaustive knowledge of eviction laws in Cape Town. Rubensteins have numerous successful lawful evictions in their portfolio, for both civil along with corporate clients. All these areas include company & commercial to civil & criminal lawsuits, labor disputes, family or business conflict resolutions, divorce law in addition to estate related matters. We aim to build lasting and ultimately meaningful relationships with our clients, to invest in them and ultimately be a part to their progression & their prosperity.
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.
