TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
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.
Legitimate guidance and representation with a wide range of eviction associated concerns. Whenever an eviction attorney represents a landlord, he/she will typically guide his or her property owner as to whether or not he/she has grounds to evict the tenant and from there on organise, submit, and serve the eviction papers and represent his homeowner in law court. A landlord can not take the law into her/his own hands in the event that a tenant quits paying for rent instalments.
Tenants Not Paying Rent
The engagements of lessees and also lessors are protected in statutory, as well as non-statutory law in South Africa. It is in property managers primary interests never the less to cancel the lease and evict the defaulting tenants asap as the priority ought to be to replace a non-paying tenant with a paying leaseholder.
Getting Tenants Out
Proprietors who do not carry an eviction request in good time or follow the correct legal process may well have to survive a prolonged and costly experience.
Lease Agreements
Even though it is not deemed a judicial condition to possess a documented lease arrangement, it is ardently recommended. The contract should define all of the terms– for each of the parties– of the tenancy. The contract provides safeguards to both of lessor and tenant in the event of either party breaking their responsibilities.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction proceedings. Very notably one needs to explain to a court that there actually is and will likely be substantial personal injury to persons (that may include the unlawful occupiers themselves) or even damage to the property in case that the request is not granted. The urgent eviction is so effective, that it offsets the defiant resident or the wrongful inhabitant being ordered by the judge to abandon the home inside 24 hours, failing which the sheriff of the court is mandated to purposely remove the unauthorised inhabitant off the estate.
Time & Cost of Evictions
In order to evict a lessee in Athlone legitimately, the best way to reduce costs and losses is to act swiftly and appropriately whilst keeping away from unnecessary postponements. The rent payment arrears recovery processes is normally set in motion in addition to, and operates in combination to the application of the eviction process.
Landlords Rights
Even-though a sound lease contract shortens eviction processes, the absence of a lease agreement doesn’t suggest that an illegal occupants can’t be dislodged. Read more about lease-holders duties & rights here.
Required Documents
The very first step should be usually to secure the subscribed lease commitment from the applicant and facts of the breaches of the renter. In the event that the occupant cannot compensate rent, full specifications of the delinquencies needs to be provided by the client.
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Eviction Attorneys for Forbes in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the most popular legal in Cape Town. Having already built a track record for excellence, Rubensteins is recognised in the arena by its commitment to its clients, as well as its strength to discover creative and innovative answers to even the most complex of legal predicaments. These also include corporate and commercial to civil & criminal lawsuits, labour disputes, family or business dispute resolutions, family law together with property related transactions. We have fostered a collaborative ethos, wherein our team help one another to accomplish the most effective 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.
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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.
