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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.
To get the very best evictions legal representative services and solutions in Olive Grove, Somerset West. When an eviction counsellor represents a property owner, he/she may usually guide his/her client as to whether he has good grounds to evict the lessee and from there on organise, file, and serve the eviction papers and represent his client in court. Our intention is simply to assist our customers to deal with the eviction concerns inside their commercial property and personal lifestyles in a uncomplicated, proficient, experienced and timeous manner. We take pride in ourselves concerning our high work set of values and attention to detail.
Tenants Not Paying Rent
The obligations of residents along with landlords are covered in statutory, and non-statutory legislation in Southern Africa. It is in property managers best interests however to cancel the lease and evict the non paying occupants without delay as the top priority must be to switch a non-paying lessee with a paying renter.
Getting Tenants Out
Hold-ups coming from prolonged action or unreliable legal steps typically provokes extra legal services expenses, loss of rental income and extended risk of damage to the residential or commercial property.
Lease Agreements
Despite the fact that it is not a official criteria to have a drafted lease contract, it’s highly advised. The lease agreement should define all the conditions– for both the individuals– of the tenancy. It grants safeguard to simultaneously landlord and renter in the event of either one individual breaking their commitments.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction processes. Very significantly one has to prove to a court of law that there actually is and/or will likely be considerable personal injury to people (that can incorporate the unauthorised tenants themselves) or even damage to residential or commercial property in case that the request is not awarded. The urgent eviction is so powerful, that it allows for the recalcitrant lessee or the unlawful occupant to be commanded by the judge to leave the building inside 24h, declining which the sheriff of the court is mandated to forcefully evict the prohibited inhabitant off the house.
Time & Cost of Evictions
As an lessee can opt to retract from a property at any point through the eviction process, the outlay can dramatically differ with each situation. The rental fee debts recovery processes is generally launched along with, and functions in combination to the application for legal eviction process.
Landlords Rights
Even-though a firm rental agreement simplifies eviction processes, the lack of a lease does not necessarily mean that unlawful residents can not be evicted. Find out more about landlords rights here.
Required Documents
The very first step would be normally to secure the signatured rental agreement from the homeowner and particulars of the breaches of the resident. In case that the lessee cannot pay for rental, full particulars of the delinquencies needs to be presented by the lessor.
Olive Grove Eviction Lawyers : Are you a landlord or property owner in Olive Grove, Cape Town seeking eviction advice? Contact Rubensteins Attorneys, experts in fast legal eviction notices for effective help.
Eviction Order Lawyers for Olive Grove in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the major legal solutions firms in Cape Town. Having cultivated a track record for excellence, Rubensteins is marked in its own field by its allegiance to its clients, as well as its aptitude to find creative and effective strategies to even the most challenging of law problems. These involve corporate and commercial to criminal & civil lawsuits, labour disputes, family or business dispute resolutions, divorce law together with property matters. We try to build long-lasting and ultimately meaningful partnerships with our clients, to invest in their legal issues and be an instrument of their progress and their successes.
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.
