WE’RE HERE TO HELP LANDLORDS AND PROPERTY OWNERS GET THE LEGAL HELP THEY NEED
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.
For more information on ways in which our firm are able to assist anyone with evictions, feel free to speak to our eviction practitioners. Anytime an eviction legal counsel defends a landlord, he/she will ordinarily advise his client as to if he/she has good grounds to evict the occupant and from there on organise, file, and serve the eviction documents and represent his/her property owner in courtroom. Housing evictions are customarily accomplished in regards to either PIE or ESTA. Picking the improper Act will most likely lead to failure, regardless of the worths of the case.
Tenants Not Paying Rent
In a lot of places, it is against the law to force out a tenant before all court proceedings are concluded, and this could take few weeks. It resides in landlords best interests however to cancel the lease and evict the non paying lessees as soon as possible as the top priority must be to switch a non-paying occupant with a paying leaseholder.
Getting Tenants Out
Hold-ups resulting from stalled action or improper legal procedures normally leads to additional legal costs, loss of rental income and increased risk of damages to the property.
Lease Agreements
Regardless of the fact that it is not a judicial prerequisite to have a documented lease contract, it’s strongly recommended. The contract ought to spell out each of the terms and conditions– for both individuals– of the tenancy. It grants protection to simultaneously landlord and renter in the event of either individual reneging on their duties.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most significantly a lessor must explain to a law court that there certainly is and or will be substantial personal injury to people (this could include the unauthorised inhabitants themselves) or destruction to the property in the event that the court order is not approved. The urgent eviction is actually so formidable, that it offsets the unwilling tenant or the prohibited occupant to be ordered by the court to vacate the building inside of 24 hours, failing which the officer of the court is permitted to forcefully evict the prohibited tenant off the residential or commercial property.
Time & Cost of Evictions
In order to remove a lease holder in Somerset West legally, the most effective way to lower costs and inevitably losses is to act efficiently and properly whilst avoiding needless postponements. The rental arrears recuperation procedure is typically started alongside, and runs in combination to the application for eviction procedure.
Landlords Rights
Despite the fact that a firm rental contract shortens eviction process, the absence thereof does not suggest that unauthorised tenants cannot be dislodged. Find out more about landlords rights & duties here.
Required Documents
The start should be to find the signed rental agreement from the applicant and particulars of the neglects of the tenant. In the event that the occupant cannot pay for rental, complete specifics of the arrears needs to be presented by the client.
Morningside Evictions : Are you a landlord or property owner in Cape Town seeking eviction advice? Look no further! Rubensteins Attorneys are the experts in fast legal eviction notices at Morningside Evictions.
Eviction Order Lawyers for Morningside in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly becoming one of the top law firms in Cape Town. Our firms main focus is on rendering the superb law assistance for our clients. Our clients gain from our vast experience in all key areas of local law. Notwithstanding of just how challenging and / or complicated the mandate, we will certainly supply crystal clear, practical & commercially-sound legal advice.
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.
