LEGAL SERVICES DESIGNED FOR YOU INDIVIDUALISED LEGAL PLANS
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 top evictions lawyer services and solutions in Amandelsig, Kuils River. Once an eviction attorney is agent for a property owner, he/she may usually guide his/her homeowner as to if he has justifications to evict the lessee and consequently prepare, register, and serve the eviction records and defend his client in courtroom. In abstract, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act supplies processes for eviction for unlawful occupants and restricts wrongful evictions. The principal intention of the Act is to safeguard both inhabitants and home owners. The home owner or landlord must comply with the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the event that they wish to remove a tenant.
Tenants Not Paying Rent
In many different areas, it is not legal to force out a tenant until all legal proceedings are concluded, and this might take a few months. Generally there is virtually nothing to stop a landlord from dispatching a call for the past due rent payment after the renter has been evicted.
Getting Tenants Out
Lessors whom do not bring an eviction request in decent time or comply with the right legal procedures may well have to withstand a lengthy and pricey procedure.
Lease Agreements
A lease should have a infringement condition in it detailing the penalties of breaching any one of the stipulations of the lease contract. It is up to you how much lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Most significantly an individual has to demonstrate to a judge that there actually is and/or would be substantial injury to people (this can incorporate the unlawful tenants themselves) or damage to residential or commercial property in the event that the request does not get approved. An immediate eviction is so compelling, that it allows for the defiant lessee or the unlawful occupier to be required by the judge to abandon the residential or commercial property within 24h, neglecting which the sheriff of the court is authorised to forcefully remove the unauthorised inhabitant off the house.
Time & Cost of Evictions
As an lessee might choose to move out of a home at virtually any point through the eviction process, the costs can drastically fluctuate with scenarios. The rental payment arrears recuperation processes is usually started alongside, and functions in combination to the application for legal eviction proceeding.
Landlords Rights
Despite the fact that a concrete lease contract streamlines eviction procedures, the absence of a lease agreement does not necessarily mean that unlawful occupants can not be evicted. Find out more about lease-holders rights here.
Required Documents
The very first step would be to attain the signed rental agreement from the client and specifics of the breaches of the renter. In the event of the occupant cannot pay for rent, comprehensive specifics of the arrears needs to be provided by the property owner.
Rubensteins Attorneys offer reliable eviction advice and orders for landlords in Amandelsig, Cape Town. Get fast legal help today!
Eviction Notice Lawyers for Amandelsig in Cape Town
Formed in 2008, Rubensteins Attorneys quickly turned into one of the major legal in Cape Town. All evictions are managed by Rubensteins Attorneys who is a highly proficient an experienced litigation attorneys with a in depth understanding of eviction laws in Cape Town. Rubensteins have many successful lawful evictions in their portfolio, for residential and also business clients. All these involve company and commercial to criminal & civil lawsuits, labor issues, family or business dispute resolution, family law as well as property transactions. We have cultivated a collaborative culture, wherein our team support one another to achieve the very best results for our valued clients.
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.
