FIND YOUR WAY FORWARD LEGAL SERVICES FOR PROPERTY MANAGEMENT AND DISPUTES
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.
Being specialist residential or commercial property lawyers in Haumannshof, (Somerset West) we speak for landlords, property managers and rental realtors involving occupant embroilments and evictions. Your home may be an income-earning asset to you, but to your occupants it is their home. So what does one do when your renter does not pay the rental and lands up in contravention of the lease commitment? If our clients want to remove an unlawful occupier from domestic building, the process in relations to schedule 4 as well as 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be complied with. In essence, the owner must acquire a subpoena to evict an unlawful occupier. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this features urgent eviction directives.
Tenants Not Paying Rent
The accountabilities of residents as well as property owners are addressed in statutory, as well as non-statutory law in South Africa. Of course, there is nothing at all to prevent a proprietor from putting out a command for the payable rental fee after the renter has been removed.
Getting Tenants Out
The wrongful occupier could show up at the courtroom hearing on the day it is considered and fight for himself if he believes the eviction unwarranted.
Lease Agreements
A lease must hold a breach section in it outlining the outcomes of breaching one of the terms of the lease agreement. It is up to the owner what amount of leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction processes. More significantly one needs to demonstrate to a court that there is and/or will likely be significant injury to persons (this could incorporate the unauthorised inhabitants themselves) alternatively damage to the property in the event that the order is not approved. The urgent eviction is actually so powerful, that it allows for the defiant resident or the illegal occupant to get ordered by the law court to leave the residential property within 24h, declining which the officer of the court is allowed to emphatically evict the wrongful tenant from the property.
Time & Cost of Evictions
As an lessee may elect to clear a home at almost any phase through the eviction procedure, the costs can substantially fluctuate with circumstances. The rent debts recovery processes is usually launched in addition to, and runs in line with the application of the legal eviction plan.
Landlords Rights
Regardless of the fact that a firm rental agreement simplifies eviction practices, the lack of a lease does not necessarily suggest that an unlawful residents can’t be evicted. See more about property owners rights here.
Required Documents
The initial step would certainly be normally to obtain the subscribed rental commitment from the client and details of the infringements of the lessee. In case of the tenant cannot pay for rental, comprehensive specifications of the delinquencies have to be supplied by the property owner.
Cape Town eviction notice. Cape Town eviction notice. Looking for eviction advice in Cape Town? Turn to Rubensteins Attorneys, the trusted experts in fast legal eviction notices for landlords and property owners in Haumannshof.
Eviction Order Attorneys for Haumannshof in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly turning into one of the major law firms in Cape Town. Our aim is on giving the superb legal advice for our clients. These include company and commercial to civil & criminal lawsuits, labour issues, family or business dispute resolution, family law in addition to estate related dealings. Irrespective of how daunting and / or complicated the decree, we will certainly supply clear, pragmatic and commercially-sensible legal services 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.
