LEGAL SERVICES DESIGNED FOR YOU INDIVIDUALISED LEGAL PLANS
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.
Official guidance and representation with a wide array of eviction associated matters. Commercial property owners as well as lessors must never fail to lawfully evict a non-paying lessee and never resort to approaches that conflict the lawful expulsion of lessees. Just to expel an illegal inhabitant from residential property, the procedure in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be adhered to. Fundamentally, the lessor will have to secure a legal order to remove an un-lawful occupant. Sections 4 to 6 of the Land Act provides for process in the event of evictions, including when it comes to urgent eviction.
Tenants Not Paying Rent
If all else fails and the occupant still does not pay, secure an eviction lawyer. With the earliest feasible chance docket a tenant-landlord objection in a local court. It really resides in property managers best interests nonetheless to cancel the lease and evict the defaulting tenants quickly as the key concern should be to removed and replace a non-paying tenant with a paying tenant.
Getting Tenants Out
Setbacks causing by prolonged action or unreliable legal procedures usually leads to extra legal expenses, loss of rent income and inflated risk of damages to the residential or commercial property.
Lease Agreements
A good lease contract ought to have a breach clause with it detailing the results of breaching any of the conditions of the lease agreement. It is up to the owner how much lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction processes. More significantly an individual has to prove to a court that there certainly is and will be substantial injury to people (this may include the wrongful occupants themselves) or else damage to the property should the request does not get approved. The urgent eviction is actually so powerful, that it allows for the defiant lessee or the unlawful occupant being required by the judge to leave the property inside 1 day, declining which the officer of the court is allowed to emphatically evict the unlawful tenant from the estate.
Time & Cost of Evictions
To evict a resident in Cape Town under legal standing, the best way to reduce expenses and inevitably losses is to operate swiftly and proficiently whilst steering clear of unnecessary postponements. The rent debts recovery process is ordinarily set in motion along with, and runs in line with the application for eviction process.
Landlords Rights
Even-though a iron clad rental contract simplifies eviction processes, the lack of a lease does not imply that an illegal tenants can’t be evicted. Read more about landlords rights & duties here.
Required Documents
The very first step will be usually to get the acknowledged lease agreement from the applicant and details of the contraventions of the resident. In the event that the lessee fails to pay out rental, full specifics of the debts should be presented by the client.
Constantia eviction help. Looking for eviction advice? Rubensteins Attorneys in Constantia Vale, Cape Town are expert lawyers specialising in fast legal eviction notices for landlords and property owners.
Eviction Order Lawyers for Constantia Vale in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the top law firms in Cape Town. Our aim is on providing the superb law guidance for our clients. Each of our clients gain from our vast knowledge in all key subject fields of the law. At Rubensteins we have fostered a synergistic culture, where our staff support one another to achieve 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.
