PERSONALISED EVICTION SERVICES INDIVIDUALISED FOR YOUR NEEDS
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.
Our residential or commercial property legal representatives are moreover ready to deal with evictions concerning houses located Highbury, (Blackheath) in all Cape Town. In most residences, eviction, particularly a property eviction, is often regarded as being a very formidable subject. Just to evict an unlawful occupier from residential property, the procedure in whens it come to schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be followed. Primarily, the lessor has to acquire a legal order to remove an unlawful inhabitant. Sections 4 to 6 in the Land Act provide for process incase of ejections, including with regard to immediate eviction.
Tenants Not Paying Rent
Landlords in Highbury must stay away from such illegal activities as changing locks, or locking the renter out or disconnecting services. Certainly there is nothing at all to prevent a property owner from issuing a command for the overdue rental payment after the lessee has actually been extruded.
Getting Tenants Out
Though a number of us can not envision a position arising where the renter not only chooses not to pay for the rent, yet also decides not to vacate.
Lease Agreements
A lease agreement ought to carry a contravention condition in it outlining the implications of breaching any one of the terms of the contract. It is then up to the proprietor what amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Most significantly an individual must prove to a court that there is and/or would be substantial personal injury to individuals (this could involve the wrongful tenants themselves) or else damages to the property in case that the request is not granted. The urgent eviction is so powerful, that it offsets the recalcitrant tenant or the prohibited occupant being ordered by the law court to leave the building within 1 day, neglecting which the officer of the court is allowed to purposely evict the unauthorised occupier off the residential or commercial property.
Time & Cost of Evictions
Considering that an occupant could decide to leave a home at pretty much any phase throughout the eviction proceeding, the expense can greatly fluctuate with each situation. The rental fee arrears recovery process is in most cases begun along with, and works in combination to the application for eviction plan.
Landlords Rights
Regardless of the fact that a concrete rental legal contract simplifies eviction processes, the absence thereof doesn’t imply that unauthorised tenants cannot be evicted. Find out more about lease-holders rights and duties here.
Required Documents
The start would certainly be usually to obtain the signed lease agreement from the home-owner and particulars of the contraventions of the renter. In case that the lessee fails to compensate rent, comprehensive specifics of the delinquencies needs to be supplied by the client.
Expert Highbury eviction lawyer providing reliable advice and orders. Rubensteins Attorneys, leading Cape Town eviction specialists.
Eviction Notice Lawyers for Highbury in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly turned into one of the leading law firms in Cape Town. Our firms priority is on ensuring the absolute best legal guidance to our clients. These also include corporate and commercial to civil & criminal lawsuits, labour problems, business or family conflict resolutions, family law in addition to estate related transactions. Regardless of just how challenging or complicated the mandate, we will certainly provide crystal clear, functional and commercially-sound 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.
