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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 firm eviction attorneys deal with and command all forms of evictions and rent recovery concerns all around Berg-En-Dal, Hout Bay. In many areas, eviction, specifically a real estate eviction, is deemed to be a very formidable issue. Currently there are numerous different strategies that might be employed so as to get a defaulting renter to abide, the approach of eviction is certainly rather absolute within South African Law. The procedure is clearly laid out and ordinarily takes between 6 to 12 workweeks from the time the request is initially served upon the occupant till the date when the renter is directed by the pertinent Judge or Magistrate to vacate the estate.
Tenants Not Paying Rent
One of the largest concerns is that of occupants who do not pay the rent & the sub-sequential expulsion of the tenants. Of course, there is nothing to stop a landlord from dispatching a call for the overdue rental payment immediately after the occupant has actually been expelled.
Getting Tenants Out
An unlawful occupier might go to the courtroom hearing on the day it is set down and protest the process himself if he believe the eviction is unjustifiable.
Lease Agreements
Despite the fact that it isn’t a legal criteria to possess a documented lease commitment, it’s ardently advocated. The lease contract ought to illustrate each of the terms– for each of the parties– of the tenancy. It ensures safeguards to simultaneously landlord and occupant in case of either one individual reneging on their commitments.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction proceedings. Most importantly an individual needs to demonstrate to a court that there actually is and or would be significant personal injury to persons (this can incorporate the unauthorised inhabitants themselves) alternatively damages to property should the order is not granted. The immediate eviction is so effective, that it enables the defiant resident or the prohibited occupier to be ordered by the court to vacate the building inside of 24h, neglecting which the officer of the court is permitted to emphatically dislodge the unlawful inhabitant from the home.
Time & Cost of Evictions
As an tenant can decide to clear a residential property at any phase through the eviction proceeding, the costs can drastically vary with each circumstance. The rental fee arrears retrieval processes is in most cases started along with, and works in conjunction to the application for the legal eviction process.
Landlords Rights
Though a sound lease legal contract streamlines eviction practices, the lack of a lease agreement does not necessarily mean that unlawful residents can not be evicted. See more about property owners rights here.
Required Documents
The very first step would certainly be normally to get the signed rental agreement from the client and details of the breaches of the lessee. In case that the lessee cannot pay for rental, complete specifications of the delinquencies have to be presented by the lessor.
Berg-En-Dal Evictions : Looking for eviction advice in Berg-En-Dal? Rubensteins Attorneys are the experts landlords and property owners trust for fast legal eviction notices in Cape Town.
Eviction Order Lawyers for Berg-En-Dal in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the top law firms in Cape Town. Having already cultivated a reputable name for excellence, Rubensteins is recognised in its own arena by its devotion to its customers, and its competency to find inspired and effective strategies to even some of the most complex of law challenges. These involve corporate and commercial to civil and criminal litigation, labour issues, family or business dispute resolution, divorce law in addition to property dealings. Our intent is to go above and beyond, to exceed expectations and to place our clients needs above everything else.
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.
