QUICK LEGAL RESOLUTION WITH ACCURATE, UNBIASED INFORMATION
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 specialises in urgent eviction orders in Cape Town. Try to get deleterious occupants out as quickly as possible – even if it involves granting to give up a amount of the arrear rental revenue. So as to remove an unlawful occupier from residential property, the process in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be followed. Essentially, the owner has to secure a written order to expel an unlawful tenant. The sections 4 to 6 in the Act provide for procedure incase of ejections, including when it comes to immediate eviction.
Tenants Not Paying Rent
But just what must you do if the tenant just ceases giving their rent, and also it becomes apparent that he or she has no intent of paying? Certainly there is nothing at all to prevent a proprietor from putting out a summons for the past due rental fee after the tenant has been expelled.
Getting Tenants Out
While many of us cannot imagine a position emerging in which the occupant not only decides not to pay for the rent, but also refuses to vacate.
Lease Agreements
Having a solid lease must contain a infraction condition with it describing the implications of breaching any of the stipulations of the contract. It is up to the owner just how much leniency you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction processes. Most notably a property owner must prove to a judge that there certainly is and will likely be serious personal injury to people (that might incorporate the unauthorised occupiers themselves) or destruction to residential or commercial property in the event that the request is not granted. An emergency eviction is actually so compelling, that it allows for the unwilling lessee or the unlawful occupier being ordered by the court to leave the residential or commercial property inside of 24 hours, failing which the sheriff of the court is authorised to emphatically remove the unlawful tenant off the residential or commercial property.
Time & Cost of Evictions
To expel a resident in Kuils River lawfully, optimal way to reduce costs and ultimately losses is to operate speedily and appropriately whilst keeping away from unnecessary postponements. The rent and loss retrieval processes is generally initiated along with, and functions in conjunction to the application for the eviction process.
Landlords Rights
Even-though a sound rental legal contract simplifies eviction procedures, the lack thereof does not necessarily mean that an unlawful occupants can’t be removed. See more about landlords duties & rights here.
Required Documents
The first step would certainly be normally to secure the acknowledged lease commitment from the applicant and facts of the neglects of the tenant. In case of the tenant cannot pay rental, full specifics of the delinquencies must be provided by the lessor.
Brandwag eviction attorney. Looking for eviction advice? Contact Rubensteins Attorneys, the experts in swift legal eviction notices for landlords and property owners in Brandwag Evictions, Cape Town.
Eviction Lawyers for Brandwag in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the leading legal services firms in Cape Town. Evictions are dealt with by Rubensteins Attorneys who are a very skilled an skilled litigation lawyers with a detailed understanding of eviction laws in South Africa. Rubensteins have many successful evictions under their belt, for both civil in addition to commercial clients. Our clients gain from our exceptional experience in all key fields of South African legislation. Our goal is to go above and beyond, to rise above expectations and to place our clients requirements 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.
