READY TO RECLAIM YOUR PROPERTY? WE'RE READY TO HELP
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 additional information on ways in which our team can help you with evictions, don’t hesitate to speak with our eviction professionals. It is essential for any kind of lessor or financier having a local rental portfolio to up-skill themselves with the PIE Act along with the numerous methods it outlines for lawfully tackling overdue tenants. Evictions in relations to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
Exactly what can you do the moment a lessee stops paying due rent? Instruct an legal representative to start eviction proceedings? Secure a financial debt judgment? Or even get to an arrangement with the renter which enables her or him to settle what you are owed? It really is in property owners primary interests none the less to terminate the lease and evict the non paying tenants promptly as the priority must be to removed and replace a delinquent tenant with a paying leaseholder.
Getting Tenants Out
An unauthorized tenant can easily visit the court hearing on the day the case is set down and protest the process himself if he believe the eviction is unfair.
Lease Agreements
A lease contract should contain a breach section with it specifying the effects of breaching any of the terms of the contract. It is up to the owner the amount of lenience you wish to show thereafter.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. Most importantly one will need to explain to a court that there certainly is and or will likely be significant injury to people (this might involve the unlawful tenants themselves) or destruction to property in the event that the order is not awarded. The emergency eviction is so compelling, that it enables the recalcitrant resident or the unlawful inhabitant to get ordered by the law court to move out of the property in less than 24h, neglecting which the officer of the court is mandated to forcefully dislodge the wrongful resident off the residential property.
Time & Cost of Evictions
Considering that an lessee might opt to leave a residential or commercial property at virtually any phase through the eviction proceeding, the cost can substantially vary with each circumstance. The rental fee debts retrieval process is ordinarily set in motion in addition to, and works in conjunction to the application of the legal eviction procedure.
Landlords Rights
Though a solid lease contract shortens eviction process, the lack of a lease does not imply that unauthorised tenants can not be dislodged. See more about property owners rights & duties here.
Required Documents
The start will be normally to attain the signed lease contract arrangement from the applicant and specifics of the noncompliance of the tenant. In case of the lessee fails to pay rent, comprehensive details of the debts have to be given by the client.
Avondstil Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are the experts in fast legal eviction notices for landlords and property owners in Avondstil. Contact us today for professional guidance.
Eviction Attorneys for Avondstil in Cape Town
Founded in 2008, Rubensteins Attorneys quickly became one of the most popular legal in Cape Town. Our firms focus is on rendering the superb legal assistance for our clients. These include corporate and commercial to criminal & civil lawsuits, labour problems, business or family conflict resolution, family law together with property matters. Notwithstanding of how challenging or complicated the decree, we will certainly provide crystal clear, efficient and commercially-sensible legal services 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.
