TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
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 firms eviction legal representatives specialises in critical eviction orders in Cape Town. Get tardy renters out as soon as possible – even when it means offering to write off some of the outstanding rental income. Eviction in regards to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
On the other hand just what would you do if the resident simply stops settling their rent, and also it becomes obvious that they has zero intention of compensating? There is nothing at all to stop a proprietor from putting out a summons for the delinquent rent after the tenant has been evicted.
Getting Tenants Out
Problems resulting from prolonged action or unreliable legal processeses frequently causes more legal fees, loss of rent cash flow and increased risk of damages to the building.
Lease Agreements
Your lease needs to have a contravention provision in it laying out the consequences of breaching any one of the conditions of the lease. It is up to you just how much leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. Very notably one will need to prove to a law court that there actually is and or will be significant injury to people (this may include the wrongful occupiers themselves) alternatively destruction to property should the order is not approved. An emergency eviction is actually so formidable, that it offsets the unwilling resident or the unlawful inhabitant to be ordered by the law court to vacate the residential or commercial property inside 24h, neglecting which the officer of the court is allowed to purposely remove the prohibited resident off the house.
Time & Cost of Evictions
As an lessee might elect to vacate a house at almost any point through the eviction process, the cost can greatly vary with circumstances. The rent debts recovery processes is frequently set in motion along with, and functions in conjunction to the application for legal eviction process.
Landlords Rights
Regardless of the fact that a sound lease legal contract reduces eviction practices, the absence thereof doesn’t mean that an illegal tenants can’t be dislodged. Read more about property owners rights here.
Required Documents
The initial step should be to secure the signed rental agreement from the client and particulars of the contraventions of the renter. In the event of the tenant fails to pay for rental, full particulars of the arrears needs to be supplied by the property owner.
Best eviction attorney in Kensington. Looking for eviction advice in Kensington? Rubensteins Attorneys are experts in fast legal eviction notices for landlords and property owners.
Eviction Order Attorneys for Kensington in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly becoming one of the leading law firms in Cape Town. Having established a reputation for excellence, Rubensteins is recognised in its own field by its devotion to its clients, as well as its strength to identify creative and original approaches to even the most intricate of law situations. All these also include company & commercial to civil & criminal lawsuits, labour issues, family or business dispute resolution, divorce law in addition to property matters. Our intention is to go above and beyond, to surpass expectations and to put our valued clients requirements above everything else.
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.
