YOUR PEACE OF MIND BEGINS NOW NO MATTER THE PAST, THERE IS A LEGAL SOLUTION
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.
For more information on specifically how our experts can assist anyone with evictions, do not hesitate to speak to our eviction consultants. When it comes to evictions, the best and most crucial factor is to end the financial haemorrhage. For anyone to remove an unlawful tenant from household premises, the process in relations to schedule 4 and 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be obeyed. Generally, the owner will have to attain a subpoena to remove an unlawful tenant. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this includes urgent eviction orders.
Tenants Not Paying Rent
Yet what can you do if the tenant simply ceases paying for their rent, and it becomes evident that he or she have zero intention of compensating? It really resides in landlords primary interests nonetheless to cancel the lease and evict the non paying occupants asap as the top priority must be to replace a non-paying tenant with a paying tenant.
Getting Tenants Out
Property managers that do not deliver an eviction application in decent time or comply with the proper legal processes might just need to withstand a lengthy and pricey process.
Lease Agreements
Though it is not deemed a judicial criteria to possess a written lease contract, it’s definitely recommended. The lease agreement ought to outline all of the terms and conditions– for the two individuals– of the tenancy. The contract offers safeguards to simultaneously landlord and renter in case of either one party breaking their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Most importantly one needs to demonstrate to a law court that there actually is and will likely be significant injury to people (this might involve the unlawful occupiers themselves) or even damage to the property if the order is not approved. The immediate eviction is actually so effective, that it allows for the defiant resident or the illegal occupant being ordered by the judge to vacate the residential property in less than 24h, neglecting which the sheriff of the court is authorised to emphatically remove the unauthorised occupier from the estate.
Time & Cost of Evictions
As an occupant might choose to clear a home at any point during the eviction process, the expense can drastically fluctuate with scenarios. The rental arrears recuperation processes is often instituted along with, and works in line with the application for eviction process.
Landlords Rights
Though a strong lease contract simplifies eviction procedures, the absence of a lease does not suggest that unauthorised occupants can not be subject to an eviction. Find out more about lease-holders duties & rights here.
Required Documents
The first step will be usually to get the subscribed lease arrangement from the property owner and specifics of the noncompliance of the resident. In the event of the occupant fails to pay for rental, complete details of the delinquencies must be given by the property owner.
Da Gama Park Evictions : Looking for eviction advice as a landlord or property owner in Da Gama Park, Cape Town? Get expert help from Rubensteins Attorneys, specialising in fast legal eviction notices.
Eviction Order Attorneys for Da Gama Park in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly becoming one of the leading legal services firms in Cape Town. Having indeed built a track record for excellence, Rubensteins is recognised in its own profession by its commitment to its clients, as well as its strength to identify resourceful and effective strategies to even some of the most intricate of law predicaments. All these areas involve corporate & commercial to criminal and civil lawsuits, labour disputes, family or business conflict resolution, family law as well as property transactions. Our aim is to go above and beyond, to surpass expectations and to put our 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.
