IS A TENANT DISPUTE IMPACTING YOUR PROPERTY? TAKE THE FIRST STEP TO RESOLUTION TODAY!
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.
In order to get the very best evictions legal professional services and solutions in Golden Acre, Somerset West. Your home may be an income-earning asset to you, however, to your occupants it is their house. So just what does one do once your renter fails to pay the rent and winds up in breach of the lease agreement? In synopsis, PIE (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (1998 )) supplies procedures for eviction of unlawful occupants and prohibits illegal evictions. The primary goal of the Act is to safeguard both tenants and home owners. The owner or lessor must adhere to the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they need to evict a renter.
Tenants Not Paying Rent
One of the major issues is where lessees that do not pay the rent payment and the subsequent expulsion of the lessees. There is nothing to stop a proprietor from issuing a command for the delinquent rental payment after the tenant has been removed.
Getting Tenants Out
Although many of us cannot envision a circumstance occurring where the tenant not only refuses to produce the rent, but also refuses to move out.
Lease Agreements
Your lease agreement needs to hold a delinquency section with it detailing the effects of breaching one of the terms of the contract. It is up to the proprietor what amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Very significantly a landlord needs to prove to a magistrate that there actually is and will be serious injury to individuals (this may consist of the unauthorised occupants themselves) or else damages to the property if the request does not get granted. The immediate eviction is so compelling, that it enables the unwilling resident or the illegal occupier to get ordered by the judge to vacate the property inside of 1 day, declining which the sheriff of the court is permitted to forcefully remove the illegal tenant off the house.
Time & Cost of Evictions
In order to remove a occupant in Somerset West lawfully, optimal way to lower costs and losses is to act quickly and proficiently whilst preventing needless hold-ups. The rent payment and loss recuperation processes is frequently initiated hand and hand, and works in line with the application for eviction procedure.
Landlords Rights
Although a iron clad lease contract reduces eviction processes, the lack of a lease doesn’t necessarily suggest that unlawful occupants can’t be subject to an eviction. Read more about property owners rights here.
Required Documents
The start should be usually to find the signed lease commitment from the home-owner and details of the contraventions of the renter. In the event that the tenant fails to pay out rent, complete particulars of the debts have to be supplied by the landlord.
Golden Acre Evictions : Get expert advice on eviction matters for landlords or property owners seeking legal assistance in Golden Acre Evictions. Rubensteins Attorneys are specialists in fast and effective eviction notices. Contact us now.
Eviction Notice Lawyers for Golden Acre in Cape Town
Formed in 2008, Rubensteins Attorneys fast turned into one of the major legal in Cape Town. Having indeed built a reputable name for excellence, Rubensteins is marked in its own industry by its allegiance to its clients, as well as its aptitude to find inspired and effective strategies to even the most intricate of law problems. These involve corporate & commercial to civil & criminal litigation, labour problems, business or family conflict resolutions, divorce law as well as property dealings. Regardless of just how demanding and / or intricate the mandate, we will certainly give crystal clear, practical & commercially-sensible legal advice.
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.
