YOUR PEACE OF MIND BEGINS NOW NO MATTER THE PAST, THERE IS A LEGAL SOLUTION
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 eviction lawyers manage and oversee all varieties of evictions as well as rentals recovery matters all around Kraaifontein, Kraaifontein. In the event that an eviction lawyer defends a property manager, he or she would typically counsel his or her homeowner about if the individual has good grounds to evict the occupant and after that put together, file, and serve the eviction papers and defend his/her client in court. House evictions are generally undertaken in relations to either PIE or ESTA. Deciding on the improper Act will likely lead to failure, irrespective from the worthiness of the case.
Tenants Not Paying Rent
What can a person do whenever a lessee refrains from paying their rent? Counsel an lawyer to begin eviction proceedings? Acquire a financial debt ruling? Or perhaps get to an understanding with the tenant which allows him or her to pay off what you are owed? There really is nothing at all to prevent a landlord from putting out a command for the unsettled rent payment after the occupant has actually been removed.
Getting Tenants Out
Problems resulting from stalled action or unreliable legal approaches oftentimes leads to additional legal costs, loss of rentals revenue and increased risk of damages to the residential or commercial property.
Lease Agreements
Even-though it is not regarded a judicial prerequisite to have a drafted lease contract, it’s definitely advocated. The lease contract should outline all of the terms and conditions– for the two individuals– of the tenancy. It offers safeguard to simultaneously property owner and occupant in case of either one individual defaulting on their obligations.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. More notably an individual needs to prove to a magistrate that there certainly is and or will be substantial injury to people (this might consist of the unauthorised occupiers themselves) alternatively destruction to property if the court order does not get granted. The immediate eviction is so powerful, that it enables the recalcitrant lessee or the wrongful occupant to be ordered by the judge to abandon the residential or commercial property inside 24h, neglecting which the sheriff of the court is allowed to emphatically dislodge the unlawful occupier from the property.
Time & Cost of Evictions
In order to remove a lessee in Kraaifontein under legal standing, optimal way to significantly lower expenses and ultimately losses is to operate swiftly and appropriately while eliminating avoidable delays. The rent arrears recovery process is usually begun in addition to, and runs in combination to the application for eviction procedure.
Landlords Rights
Regardless of the fact that a strong lease agreement streamlines eviction steps, the absence of a lease does not necessarily mean that an illegal residents can not be dislodged. Find out more about landlords duties and rights here.
Required Documents
The very first step would certainly be usually to find the subscribed lease agreement from the client and particulars of the noncompliance of the renter. In case that the tenant fails to compensate rental, full particulars of the delinquencies needs to be supplied by the landlord.
Looking for eviction advice in Kraaifontein? Rubensteins Attorneys are experts in fast legal eviction notices, helping landlords and property owners.
Eviction Order Lawyers for Kraaifontein in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the most popular law firms in Cape Town. Having already cultivated a reputation for excellence, Rubensteins is distinguished in its own industry by its devotion to its clients, and its ability to discover unique and original solutions to even some of the most intricate of legal problems. All these areas involve corporate & commercial to criminal & civil litigation, labor problems, business or family dispute resolutions, divorce law together with property transactions. At Rubensteins Attorneys we have refined a synergistic ethos, where our team help each other to achieve the most effective results for our valued clients.
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.
