YOU'RE READY TO RECLAIM YOUR PROPERTY, WE'RE READY TO HELP
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.
Speed up an eviction demand with our eviction consultants in Claremont. In evictions, some of the most crucial task is to put an end to the cash haemorrhage. A lessor can’t take the law into his or her own hands in the case that a lessee halts paying rent.
Tenants Not Paying Rent
Among the largest problems is that of tenants who do not pay the rental & the subsequent eviction of the lessees. There is nothing at all to prevent a landlord from issuing a call for the overdue rent immediately after the renter has been removed.
Getting Tenants Out
Property owners that fail to deliver an eviction request in good time or adopt the appropriate legal processes can have to sustain a long and pricey process.
Lease Agreements
A lease agreement must contain a noncompliance clause in it detailing the consequences of breaching any of the terms of the lease. It is then up to the owner how much lenience you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More importantly an individual must demonstrate to a court that there is and or would be considerable injury to persons (that could involve the unauthorised tenants themselves) or damages to property if the order is not awarded. An urgent eviction is so formidable, that it allows for the unwilling tenant or the wrongful occupier to be commanded by the court to move out of the home inside of 24h, declining which the sheriff of the court is authorised to purposely dislodge the illegal tenant from the residential or commercial property.
Time & Cost of Evictions
Since an tenant could choose to leave a home at almost any time throughout the eviction proceeding, the costs can dramatically fluctuate with each circumstance. The rent payment and loss recovery process is ordinarily begun along with, and functions in conjunction to the application for the legal eviction processes.
Landlords Rights
Even-though a iron clad lease contract reduces eviction processes, the absence of a lease agreement doesn’t necessarily mean that unlawful tenants can’t be dislodged. See more about lease-holders rights here.
Required Documents
The initial step would be normally to obtain the subscribed lease contract commitment from the client and specifics of the transgressions of the resident. In the event of the tenant cannot pay rent, complete specifications of the arrears must be given by the landlord.
Claremont Evictions - Are you a landlord in need of eviction advice? Contact Rubensteins Attorneys in Claremont for fast and expert legal eviction notices.
Eviction Attorneys for Claremont in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly turning into one of the major law firms in Cape Town. Having cultivated a track record for excellence, Rubensteins is distinguished in the field by its allegiance to its customers, as well as its capacity to find inspired and innovative solutions to even some of the most challenging of legal issues. Our clients gain from our considerable competence with all key specialties of local law. Our intention is to go above and beyond, to rise above expectations and to put our valued 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.
