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.
Being professional residential property attorneys in Constantia, (Cape Town) we work with property owners, residential property supervisors and leasing realtors regarding tenant disagreements as well as evictions. It is crucial for any kind of landlord or real estate investor with a local rental portfolio to up-skill themselves with the PIE Act and the different processes it maps out for officially overcoming neglectful leaseholders. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa and that entered into effect on 5 June, 1998, and which undertakes to protect against random eviction issues.
Tenants Not Paying Rent
If all else fails and the tenant still doesn’t pay, obtain an eviction lawyer. At the earliest achievable chance file a tenant-landlord objection in a local court. It is in property owners best interests nonetheless to terminate the lease and evict the defaulting lessees as soon as possible as the priority ought to be to replace a non-paying occupant with a paying tenant.
Getting Tenants Out
An unauthorized tenant will be able to turn up the court hearing on the day the case is ascribed and protest the process themselves if they believes the eviction unjustified.
Lease Agreements
A good lease agreement needs to have a infringement clause in it outlining the repercussions of breaching any of the conditions of the lease contract. It is then up to the owner just how much leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. Most notably a lessor must show a magistrate that there actually is and/or will likely be serious personal injury to persons (that might consist of the unauthorised occupants themselves) or damages to residential or commercial property in case that the order does not get approved. An urgent eviction is actually so compelling, that it enables the unwilling tenant or the unlawful occupant to be required by the court to move out of the residential property inside 24 hours, failing which the officer of the court is mandated to forcefully remove the unlawful resident from the home.
Time & Cost of Evictions
To evict a lessee in Cape Town lawfully, the most effective way to reduce expenses and losses is to act quickly and properly whilst preventing avoidable setbacks. The rental fee debts retrieval procedure is normally started in addition to, and works in conjunction to the application for the legal eviction plan.
Landlords Rights
Although a sound rental legal contract simplifies eviction processes, the absence thereof does not suggest that unauthorised residents can not be subject to an eviction. Read more about property owners rights & duties here.
Required Documents
The start would be usually to attain the subscribed lease agreement from the applicant and particulars of the contraventions of the renter. In the event of the lessee cannot pay rental, complete specifications of the delinquencies have to be supplied by the client.
Lawful Eviction of Constantia Residents in Cape Town
Constantia eviction attorney. Looking for eviction advice? Rubensteins Attorneys in Constantia, Cape Town are experts in fast, lawful eviction notices for landlords and property owners. Seek expert assistance today.
Eviction Order Lawyers for Constantia in Cape Town
Established in 2008, Rubensteins Attorneys is quickly turning into one of the major law firms in Cape Town. Having indeed cultivated a track record for excellence, Rubensteins is distinguished in the field by its allegiance to its customers, and its capacity to discover unique and innovative answers to even the most complex of legal situations. Our firm in Constantia undertakes to reach some of the most affordable and effective approach to your legal matters. We have fostered a collaborative culture, wherein our staff support each other to attain the best results for our valued 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.
