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.
Our firms eviction legal advisers are professionals in urgent eviction orders in Cape Town. In many areas, eviction, specifically a property eviction, is often judged as being a very substantial topic. So as to remove an unauthorised tenant from domestic premises, the process in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 will need to be obeyed. Primarily, the owner has to acquire a court order to dislodge an unlawful occupier. Sections 4 to 6 of the Act attends to procedure in case of evictions and this incorporates urgent eviction notifications.
Tenants Not Paying Rent
Landlords in Beaconvale need to refrain from such illegal actions as changing locks, or locking the renter out or cutting off services. Generally there is nothing at all to prevent a lessor from issuing a call for the delinquent rental immediately after the tenant has been extruded.
Getting Tenants Out
Landlords which do not deliver an eviction request in good time or observe the appropriate legal procedures might just need to withstand a prolonged and pricey procedure.
Lease Agreements
Whilst it is not considered a judicial condition to have a drafted lease agreement, it’s strongly advised. The lease agreement will define all of the terms and conditions– for both equally parties– of the tenancy. It ensures safeguards to both lessor and lessee in case of either one individual breaking their obligations.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. Very notably an individual has to demonstrate to a law court that there certainly is and will likely be considerable personal injury to individuals (this might consist of the unauthorised inhabitants themselves) alternatively destruction to residential or commercial property in case that the request is not approved. The immediate eviction is actually so effective, that it allows for the defiant lessee or the wrongful occupier being demanded by the court to vacate the home in less than 1 day, declining which the sheriff of the court is allowed to purposely dislodge the unauthorised resident off the home.
Time & Cost of Evictions
To evict a tenant in Parow under legal standing, the best way to significantly lower expenses and inevitably losses is to operate speedily and effectively whilst staying away from needless delays. The rent payment arrears retrieval procedure is usually set in motion in addition to, and functions in combination to the application for the legal eviction procedure.
Landlords Rights
Even-though a strong rental contract shortens eviction processes, the absence thereof does not necessarily mean that an illegal occupants cannot be removed. Read more about landlords rights here.
Required Documents
The very first step would be to get the signed lease agreement from the client and specifics of the transgressions of the tenant. In case that the occupant cannot pay rental, comprehensive specifics of the arrears should be supplied by the client.
Beaconvale Evictions : Are you a landlord or property owner in need of eviction advice? Trust Rubensteins Attorneys, the experts in fast legal eviction notices, located in Beaconvale. Seek expert guidance from our experienced lawyers today.
Eviction Notice Attorneys for Beaconvale in Cape Town
Established in 2008, Rubensteins Attorneys is swiftly turning into one of the leading attorneys in Cape Town. Evictions are handled by Rubensteins Attorneys who are a exceptionally proficient an experienced litigation attorneys with a thorough understanding of eviction laws in Cape Town & South Africa. Rubensteins come with many successful evictions in their past record, for civil along with corporate and business clients. Each of our clients benefit from our vast experience with all key fields of the law. Our intent is to go above and beyond, to exceed expectations and to place our clients needs foremost.
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.
