DISCOVER HOW WE CAN HELP YOU ON YOUR LEGAL JOURNEY
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 commercial property attorneys are moreover equipped to face evictions concerning residences located Fairdale, (Blue Downs) in all Cape Town. Some unwilling renters go away subsequent to getting the opening stipulation from an lawyer to do so. Other people put up a battle and continue located in the residential property for much more time. Domestic evictions are commonly undertaken in with regards to either PIE or ESTA. Choosing the inappropriate Act will most likely lead to failure, irrespective from the worths of the case.
Tenants Not Paying Rent
In many different areas, it is illegal to dislodge a tenant before all legal procedures are concluded, and this may take a few months. Certainly there is nothing at all to prevent a property owner from putting out a summons for the past due rental payment after the occupant has been evicted.
Getting Tenants Out
The unlawful occupier will be able to visit the court hearing on the day it is ascribed and defend himself if he believe the eviction is unjustifiable.
Lease Agreements
Regardless of the fact that it is not a judicial requirement to have a prepared lease agreement, it’s definitely advised. The contract ought to illustrate each of the conditions– for the two individuals– of the occupancy. The contract provides safeguard to both of landlord and tenant in the circumstance of either individual reneging on their commitments.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction processes. More importantly a landlord must explain to a judge that there is and/or will likely be significant personal injury to individuals (this might consist of the unlawful inhabitants themselves) or even damages to residential or commercial property in case that the order does not get awarded. An immediate eviction is actually so effective, that it enables the recalcitrant tenant or the illegal occupier to get commanded by the court to leave the residential or commercial property in less than 24 hours, declining which the sheriff of the court is permitted to purposely evict the prohibited resident off the residential or commercial property.
Time & Cost of Evictions
Since an resident may elect to move out of a property at pretty much any point throughout the eviction procedure, the cost can drastically fluctuate with each circumstance. The rental payment arrears retrieval process is ordinarily launched alongside, and runs in combination to the application for the eviction procedure.
Landlords Rights
Even though a firm rental legal contract streamlines eviction process, the absence of a lease does not necessarily suggest that an illegal tenants cannot be subject to an eviction. Find out more about landlords rights here.
Required Documents
The first step will be to get the acknowledged rental arrangement from the property owner and particulars of the neglects of the resident. In the event of the lessee fails to compensate rent, full specifics of the debts must be presented by the client.
Fairdale Eviction Notice : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers specialised in fast legal eviction notices. Contact us today for effective solutions as property owners or landlords.
Eviction Notice Attorneys for Fairdale in Cape Town
Founded in 2008, Rubensteins Attorneys fast became one of the leading law firms in Cape Town. Our main focus is on rendering the superb legal services assistance to our valued clients. All these also include corporate & commercial to criminal and civil lawsuits, labor issues, business or family conflict resolution, family law together with property matters. At Rubensteins Attorneys we have refined a synergistic culture, where our team help each other to obtain the 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.
