TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
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.
As specialist residential or commercial property legal professionals in Acacia Park, (Goodwood) we act for landlords, commercial property managers and rentals realtors regarding leaseholder disputes and evictions. In many localities, eviction, specifically a real estate eviction, is regarded as being a very substantial concern. Our intention is really to aid our property owners to resolve the eviction problems in their commercial property as well as personal lifestyles in a practical, reliable, experienced and timeous manner. We take pride in ourselves concerning our very high work ethic and attention to detail.
Tenants Not Paying Rent
Property managers in Acacia Park need to stay away from such illegal activities as locking the occupant out or disengaging services like water or electricity. There really is virtually nothing to stop a landlord from issuing a summons for the payable rental fee after the occupant has been extruded.
Getting Tenants Out
Though a number of us can not envision a situation developing where the tenant not only decides not to pay for the rent, but also refuses to leave.
Lease Agreements
Despite the fact that it is not a judicial condition to have a drafted lease agreement, it’s strongly advocated. The lease agreement should illustrate all of the terms and conditions– for both equally parties– of the occupancy. The lease contract offers security to both of lessor and lessee in the circumstance of either party reneging on their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Most importantly an individual needs to demonstrate to a judge that there actually is and or will be considerable injury to persons (this may involve the unlawful tenants themselves) alternatively destruction to the property in case that the court order does not get granted. An emergency eviction is actually so formidable, that it offsets the unwilling lessee or the prohibited occupier to be ordered by the law court to leave the residential or commercial property in less than 24 hours, declining which the sheriff of the court is authorised to purposely evict the illegal occupier off the estate.
Time & Cost of Evictions
In order to evict a leaseholder in Goodwood legally, the best way to reduce costs and ultimately losses is to act efficiently and properly whilst keeping away from needless hold-ups. The rent arrears recuperation procedure is usually initiated in addition to, and operates in line with the application of the eviction processes.
Landlords Rights
Even-though a iron clad rental contract streamlines eviction procedures, the absence of a lease agreement does not necessarily suggest that unauthorised residents cannot be subject to an eviction. Find out more about lease-holders rights here.
Required Documents
The start would be usually to secure the subscribed lease arrangement from the applicant and details of the contraventions of the resident. In the event that the occupant cannot pay for rent, comprehensive specifics of the arrears should be given by the client.
Acacia Park Evictions : Are you a landlord or property owner in Acacia Park seeking eviction advice? Trust Rubensteins Attorneys, the experts in fast legal eviction notices in Cape Town.
Eviction Notice Attorneys for Acacia Park in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the major attorneys in Cape Town. Having already developed a track record for efficiency, Rubensteins is marked in its arena by its commitment to its customers, and also its aptitude to find productive and innovative strategies to even the most challenging of legal predicaments. These include company & commercial to civil and criminal lawsuits, labour problems, business or family conflict resolution, family law together with property related transactions. We endeavour to make long-lasting and meaningful associations with our clients, to invest in them and ultimately be a part to their growth and 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.
