CAPE TOWNS SPECIALTY PROGRAMS FOR FAST EVICTION SERVICES
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 firms eviction legal advisers are experts in urgent eviction notifications in Cape Town. An eviction practitioner specialises in eviction legislation and can focus on oftentimes enabling property managers in De Wijnlanden to remove occupants or protecting occupants from unlawful eviction. Our goal is really to assist our customers to resolve the legal problems in their business as well as personal way of lives in a practical, reliable, experienced and timeous manner. We pride ourselves on our strong work values and attention to detail.
Tenants Not Paying Rent
If all else fails and the occupant still does not pay, obtain an eviction lawyer. On the earliest feasible chance record a tenant-landlord objection in a court. Of course, there is nothing at all to prevent a lessor from issuing a summons for the past due rent immediately after the tenant has actually been extruded.
Getting Tenants Out
The unlawful resident may go to the court hearing on the day it is set down and dispute the process themselves if they believe that the eviction is unjust.
Lease Agreements
Regardless of the fact that it is not considered a official prerequisite to possess a recorded lease, it is definitely advocated. The contract ought to outline all of the terms and conditions– for the two parties– of the tenancy. The lease agreement grants safeguards to both of lessor and tenant in case of either party breaking their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very importantly one must show a magistrate that there certainly is and or will be serious personal injury to individuals (that could involve the unauthorised tenants themselves) or even damages to property in case that the request is not approved. An emergency eviction is so formidable, that it allows for the recalcitrant lessee or the wrongful occupant to get commanded by the judge to move out of the home inside of 1 day, neglecting which the sheriff of the court is authorised to purposely remove the unlawful resident from the estate.
Time & Cost of Evictions
As an occupant could opt to vacate a house at any phase during the eviction process, the cost can greatly vary with circumstances. The rent payment arrears recovery processes is typically instituted along with, and operates in combination to the application of the eviction process.
Landlords Rights
Even though a iron clad rental legal contract streamlines eviction processes, the absence of a lease doesn’t suggest that unauthorised occupants can not be dislodged. See more about landlords rights and duties here.
Required Documents
The start should be to attain the acknowledged lease contract arrangement from the client and specifics of the transgressions of the tenant. In the event of the occupant fails to compensate rent, complete particulars of the delinquencies should be given by the client.
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Eviction Notice Attorneys for De Wijnlanden in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the most popular legal solutions firms in Cape Town. All evictions are dealt with by Rubensteins Attorneys who are a exceptionally competent an accomplished litigation attorneys with a in depth understanding of eviction laws in Cape Town. Rubensteins have numerous successful legal evictions under their belt, for private as well as commercial clients. All these also include corporate and commercial to civil & criminal litigation, labor disputes, business or family dispute resolutions, family law in addition to property matters. Our aim is to go above and beyond, to rise above expectations and to place our valued clients requirements above everything else.
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