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.
As professional residential or commercial property legal advisers in Helderberg Park, (Strand) we act for property owners, residential property supervisors and rental agents regarding occupant disputes and evictions. In cases where an eviction legal counsel represents a property manager, he or she would generally guide his homeowner about whether or not they has grounds to evict the renter and from there on organise, file, and serve the eviction records and defend his client in court. Evictions in with regards to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
One of the most significant issues is where tenants who do not pay the rental & the consecutive eviction of the tenants. It really resides in property owners best interests however to revoke the lease and evict the non paying tenants immediately as the priority should be to replace a non-paying occupant with a paying leaseholder.
Getting Tenants Out
Despite the fact that many of us can not imagine a situation occurring wherein the renter not only chooses not to produce the rent, but furthermore refuses to leave.
Lease Agreements
Whilst it is not a judicial criteria to possess a recorded lease commitment, it is definitely advocated. The lease ought to spell out all the terms and conditions– for both the individuals– of the occupancy. The lease agreement ensures safeguards to both of property owner and tenant in case of any individual defaulting on their commitments.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. More importantly an individual has to show a judge that there actually is and will be serious personal injury to people (this may involve the unauthorised occupants themselves) or even destruction to residential or commercial property in the event that the court order is not granted. The urgent eviction is so effective, that it offsets the defiant resident or the prohibited inhabitant to be commanded by the law court to move out of the residential or commercial property inside 24h, failing which the officer of the court is allowed to forcefully remove the unlawful occupier off the estate.
Time & Cost of Evictions
To remove a occupant in Strand lawfully, the most effective way to lower expenses and ultimately losses is to operate swiftly and proficiently while steering clear of needless delays. The rent payment debts recuperation procedure is in most cases started hand and hand, and operates in line with the application for eviction processes.
Landlords Rights
Even though a sound rental legal contract streamlines eviction processes, the lack of a lease does not necessarily mean that unlawful tenants can not be removed. See more about lease-holders rights & duties here.
Required Documents
The very first step will be to get the acknowledged lease contract arrangement from the client and facts of the neglects of the tenant. In the event of the lessee cannot pay for rental, complete specifics of the debts needs to be given by the landlord.
Expert eviction attorneys in Helderberg Park, Cape Town offering fast and reliable legal eviction notices for landlords and property owners.
Eviction Order Lawyers for Helderberg Park in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. Our focus is on producing the absolute best legal insight for our clients. Our firm in Helderberg Park undertakes to deliver the most cost effective and effective approach to your matters. Notwithstanding of how daunting or intricate the decree, we will supply clear, efficient & commercially-sound 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.
