ACT NOW FOR PEACE OF MIND - LEGAL SOLUTIONS AVAILABLE
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 expert property legal counsels in Kanonberg, (Bellville) we act for landlords, residential or commercial property managers and rental brokers concerning occupant embroilments including evictions. In the event that an eviction counsellor defends a landlord, he or she will usually guide his client as to whether he has good grounds to evict the tenant and from there on put together, register, and serve the eviction documents and defend his client in courtroom. Just to remove an wrongful inhabitant from residential property, the technique in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be abided by. Essentially, the property owner will have to obtain a order to evict an unlawful tenant. Sections 4 to 6 in the Act provides for process incase of ejections, including when it comes to urgent eviction.
Tenants Not Paying Rent
However just what can you do if the tenant just ceases paying for rent, and also it eventually becomes apparent that they has no plan of compensating? It really is in lessors best interests none the less to terminate the lease and evict the defaulting residents immediately as the key concern should be to switch a non-paying lessee with a paying lessee.
Getting Tenants Out
An unlawful tenant is able to go to the court hearing on the day it is set down and defend himself if he believes the eviction unjustified.
Lease Agreements
Writing a secure lease agreement should have a infraction paragraph in it specifying the effects of breaching any one of the terms of the lease. It is then up to the owner how much leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. Very significantly one needs to prove to a law court that there is and would be substantial personal injury to individuals (this can consist of the wrongful inhabitants themselves) or damages to residential or commercial property if the order is not awarded. The immediate eviction is actually so compelling, that it enables the unwilling resident or the unlawful inhabitant being ordered by the law court to move out of the home inside 1 day, neglecting which the sheriff of the court is mandated to emphatically evict the unlawful tenant from the residential or commercial property.
Time & Cost of Evictions
As an occupant might decide to part with a property at pretty much any phase during the eviction proceeding, the cost can drastically differ with every situation. The rental payment arrears retrieval process is typically instituted hand and hand, and functions in line with the application for legal eviction processes.
Landlords Rights
Even-though a strong lease contract reduces eviction process, the lack of a lease agreement doesn’t suggest that unauthorised residents can not be removed. See more about property owners duties & rights here.
Required Documents
The first step should be normally to attain the signatured lease arrangement from the applicant and particulars of the transgressions of the lessee. In the event of the occupant fails to pay rental, comprehensive specifics of the debts must be presented by the property owner.
Kanonberg Evictions Assisting with Cape Town Evictions
Kanonberg eviction help. Looking for eviction advice in Kanonberg, Cape Town? Rubensteins Attorneys offer expert assistance to landlords and property owners with fast legal eviction notices. Get the help you need today.
Eviction Lawyers for Kanonberg in Cape Town
Founded in 2008, Rubensteins Attorneys fast became one of the top law firms in Cape Town. Our aim is on rendering the very best legal guidance for our clients. All these areas also include company & commercial to civil & criminal litigation, labour disputes, business or family conflict resolution, family law together with property matters. Regardless of just how demanding and / or complicated the mandate, we will supply crystal clear, pragmatic & 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.
