FORWARD-THINKING LEGAL SOLUTIONS FOR PROPERTY MANAGEMENT
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.
For more information on the best way our company may assist you with evictions, do not hesitate to get in touch with our eviction specialists. It is crucial for any landlord or real estate investor with a letting portfolio to enlighten themselves with the PIE Act together with the numerous approaches it lays out for officially tackling neglectful leaseholders. In order to evict an wrongful occupier from residential property, the procedure in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be followed. Basically, the property owner needs to obtain a court order to oust an un-lawful occupier. The sections 4 to 6 of the Act provides for procedure in the event of ejections, including with respect to immediate eviction.
Tenants Not Paying Rent
In a lot of areas, it is not legal to remove a leaseholder before all legal proceedings are complete, and this can take a few months. Generally there is nothing at all to stop a property owner from putting out a call for the overdue rent payment after the lessee has been evicted.
Getting Tenants Out
Hold-ups arising from delayed action or unreliable legal strategies typically causes additional legal expenses, loss of rent revenue and increased risk of damages to the residence.
Lease Agreements
Although it is not a judicial condition to possess a documented lease agreement, it’s highly advocated. The contract will define each of the terms and conditions– for both individuals– of the tenancy. It ensures protection to simultaneously property owner and occupant in the circumstance of either one party reneging on their obligations.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Most notably an individual has to demonstrate to a court of law that there is and/or will likely be significant personal injury to individuals (this could consist of the wrongful tenants themselves) or destruction to residential or commercial property in the event that the order is not approved. An immediate eviction is so compelling, that it enables the recalcitrant lessee or the illegal occupier to be ordered by the judge to abandon the residential or commercial property within 24h, neglecting which the sheriff of the court is allowed to purposely evict the wrongful occupier off the house.
Time & Cost of Evictions
In order to evict a tenant in Bellville lawfully, optimal way to significantly lower costs and losses is to act quickly and proficiently whilst keeping away from unnecessary postponements. The rent and loss recuperation processes is frequently started along with, and works in conjunction to the application for the eviction proceeding.
Landlords Rights
Though a sound lease agreement simplifies eviction practices, the absence of a lease doesn’t suggest that an unlawful occupants can not be subject to an eviction. Find out more about lease-holders rights and duties here.
Required Documents
The initial step should be usually to secure the signatured rental commitment from the property owner and details of the transgressions of the tenant. In the event of the tenant fails to compensate rental, complete specifics of the debts must be given by the landlord.
Cape Town eviction help. Looking for eviction advice in Heemstede? Choose Rubensteins Attorneys, the experts in fast legal eviction notices for landlords and property owners in Cape Town.
Eviction Order Attorneys for Heemstede in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly became one of the most popular law firms in Cape Town. Evictions are taken care of by Rubensteins Attorneys who is a very skilled an adept litigation lawyers with a exhaustive knowledge of eviction laws in Cape Town. Rubensteins come with many successful evictions under their belt, for both private in addition to commercial clients. All these areas include company and commercial to civil and criminal lawsuits, labour disputes, business or family dispute resolutions, divorce law in addition to property transactions. Our goal is to go above and beyond, to rise above expectations and to place our valued clients requirements foremost.
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.
