YOU'RE 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.
As professional property legal representatives in Beaconhill, (Atlantis) we act for property owners, property administrators and rental real estate agents relating to tenant embroilments and evictions. Residential property operators as well as lessors must make sure to lawfully evict a non-paying lessee and never ever turn to approaches that contravene the legitimate discharge of tenants. In relations to the Constitution of South Africa, Nobody can be removed from their home, or have their residence demolished, in the absence of an order of a South African court made after taking into consideration each of the related circumstances. Absolutely no legislation may enable subjective evictions.” PIE creates the processes to be observed when it comes to these evictions.
Tenants Not Paying Rent
In many different areas, it is illegal to remove a tenant unless all legal procedures are over, and this may take months. There is nothing at all to stop a property owner from putting out a command for the delinquent rental payment after the tenant has actually been removed.
Getting Tenants Out
While a number of us can’t envision a scenario happening where the tenant not only refuses to pay for the rent, yet also decides not to move out.
Lease Agreements
Your lease agreement needs to have a infringement provision in it describing the repercussions of breaching any one of the conditions of the lease agreement. It is then up to the owner just how much leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Most significantly an individual has to demonstrate to a court that there certainly is and or will likely be significant injury to persons (this might consist of the unauthorised occupants themselves) or else damages to property should the request does not get awarded. The urgent eviction is so effective, that it offsets the recalcitrant resident or the illegal occupier to be commanded by the law court to vacate the home inside of 24h, failing which the officer of the court is authorised to forcefully remove the wrongful inhabitant from the house.
Time & Cost of Evictions
In order to remove a lease holder in Atlantis legitimately, the best way to minimize expenses and ultimately losses is to act efficiently and properly whilst steering clear of unnecessary setbacks. The rental and loss recuperation process is typically instituted hand and hand, and works in conjunction to the application for eviction procedure.
Landlords Rights
Regardless of the fact that a iron clad rental contract reduces eviction processes, the absence of a lease agreement does not imply that an illegal occupants cannot be evicted. Find out more about lease-holders rights here.
Required Documents
The initial step should be usually to secure the acknowledged rental arrangement from the homeowner and specifics of the breaches of the lessee. In the event of the lessee cannot compensate rental, comprehensive specifications of the arrears needs to be given by the property owner.
Beaconhill Evictions : Looking for eviction advice in Beaconhill, Cape Town? Rubensteins Attorneys are the experts in fast legal eviction notices for landlords and property owners. Contact us today!
Eviction Lawyers for Beaconhill in Cape Town
Established in 2008, Rubensteins Attorneys is swiftly turning into one of the most popular legal in Cape Town. Evictions are dealt with by Rubensteins Attorneys who are a exceptionally competent an adept litigation attorneys with a detailed knowledge of eviction laws in Cape Town & South Africa. Rubensteins hold numerous successful evictions in their past record, for both residential and also commercial clients. Each of our clients gain from our extensive experience in all key areas of South African legislation. Regardless of just how challenging or intricate the mandate, we will supply crystal clear, functional & 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.
