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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 eviction lawyers are experts in immediate eviction notices in Cape Town. In most residences, eviction, certainly a housing eviction, is considered as being a very serious matter. If you want to remove an unlawful occupier from residential premises, the procedure in with regards to schedule 4 and also 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be observed. Essentially, the landlord needs to secure a court order to remove an wrongful occupier. Sections 4 to 6 of the Act attends to procedure in case of evictions and this includes urgent eviction directives.
Tenants Not Paying Rent
In lots of places, it is not legal to remove a leaseholder unless all legal proceedings are over, and this may take several months. There is nothing to stop a proprietor from dispatching a command for the payable rent immediately after the renter has been removed.
Getting Tenants Out
Proprietors which do not bring an eviction application in good time or observe the right legal processes may well need to endure a extensive and very expensive procedure.
Lease Agreements
Writing a secure lease agreement must have a noncompliance proviso with it describing the consequences of breaching any of the terms of the lease. It is then up to the property owner what leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Very importantly an individual will need to show a law court that there is and/or will be serious personal injury to people (that could include the wrongful occupiers themselves) alternatively destruction to residential or commercial property in the event that the court order does not get granted. The urgent eviction is so compelling, that it allows for the defiant tenant or the illegal inhabitant to be demanded by the court to leave the residential or commercial property inside of 24 hours, failing which the officer of the court is permitted to purposely remove the wrongful tenant from the property.
Time & Cost of Evictions
Since an occupant might elect to retract from a property at pretty much any point during the eviction procedure, the cost can considerably fluctuate with circumstances. The rental fee arrears recuperation process is normally started in addition to, and works in conjunction to the application for the eviction process.
Landlords Rights
Regardless of the fact that a concrete rental agreement reduces eviction procedures, the lack of a lease agreement does not necessarily suggest that unlawful tenants can’t be subject to an eviction. Find out more about lease-holders duties & rights here.
Required Documents
The start would be to attain the acknowledged lease agreement from the client and facts of the neglects of the tenant. In case that the tenant cannot pay rent, complete specifics of the debts have to be provided by the client.
Bosbell Evictions : Are you a landlord or property owner in need of eviction advice? Seek no further! Rubensteins Attorneys in Cape Town are the experts in fast legal eviction notices.
Eviction Lawyers for Bosbell in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly turning into one of the top law firms in Cape Town. Our priority is on rendering the superb legal services guidance to our clients. All these areas also include corporate & commercial to civil and criminal lawsuits, labor problems, family or business dispute resolution, family law in addition to estate related dealings. At Rubensteins we have cultivated a synergistic ethos, wherein our staff support one another to attain the very best results for our clients.
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.
