YOUR PEACE OF MIND BEGINS NOW NO MATTER THE PAST, THERE IS A LEGAL SOLUTION
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.
In order to get the best evictions lawyers services in Belgravia, Bellville. In the event that an eviction lawyer is agent for a property manager, they may normally guide his/her property owner as to if they has justifications to evict the occupant and thereafter get ready, register, and serve the eviction papers and represent his/her property owner in law court. There are numerous other techniques which may be used in order to get a defaulting occupant to abide, the approach of eviction is generally very definitive with South African Law. The process is clearly detailed and generally takes between 6 to 12 full weeks from the moment the request is first officiated upon the tenant till the date when the lessee is informed by the relevant Court or Magistrate to move out of the estate.
Tenants Not Paying Rent
If all else fails and the tenant still will not pay, get an eviction lawyer. With the very first achievable chance record a tenant-landlord complaint in court. Of course, there is virtually nothing to stop a landlord from dispatching a command for the delinquent rental after the lessee has actually been evicted.
Getting Tenants Out
Even though many of us can’t imagine a scenario happening wherein the tenant not only decides not to pay the rent, but furthermore refuses to move out.
Lease Agreements
Though it is not considered a official condition to have a prepared lease contract, it is ardently advocated. The lease contract needs to outline each of the details– for both the parties– of the occupancy. The lease provides protection to both of property owner and occupant in case of either party reneging on their commitments.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very notably one must demonstrate to a court of law that there actually is and or will be significant injury to persons (this can incorporate the unlawful occupiers themselves) alternatively destruction to property if the request is not awarded. An urgent eviction is so effective, that it enables the recalcitrant resident or the unlawful occupant being commanded by the court to move out of the home within 24h, failing which the sheriff of the court is authorised to forcefully evict the wrongful resident from the home.
Time & Cost of Evictions
Considering that an resident might choose to retract from a residential or commercial property at pretty much any stage throughout the eviction process, the cost can considerably differ with each circumstance. The rental fee and loss recovery procedure is generally initiated along with, and operates in combination to the application of the legal eviction process.
Landlords Rights
Although a strong rental agreement shortens eviction steps, the absence of a lease doesn’t necessarily mean that unauthorised residents can not be dislodged. Read more about property owners rights here.
Required Documents
The initial step will be to attain the subscribed rental arrangement from the applicant and specifics of the infringements of the tenant. In case that the occupant fails to pay rent, comprehensive details of the arrears needs to be presented by the client.
Belgravia Evictions : Are you a property owner in Cape Town seeking eviction advice? Contact Rubensteins Attorneys, experts in fast legal eviction notices with extensive experience in Belgravia Evictions Eviction Law.
Eviction Order Attorneys for Belgravia in Cape Town
Established in 2008, Rubensteins Attorneys fast turned into one of the major attorneys in Cape Town. Evictions are handled by Rubensteins Attorneys who is a exceptionally skilled an accomplished litigation attorneys with a in depth knowledge of eviction laws in Cape Town. Rubensteins hold many successful eviction cases in their portfolio, for both residential and also corporate and business clients. Our clients benefit from our exceptional knowledge in all key areas of South African law. We endeavour to establish long-lasting and meaningful relationships with our clients, to invest in their legal issues and be an instrument of their progression 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.
