WE’RE HERE TO HELP LANDLORDS AND PROPERTY OWNERS GET THE LEGAL HELP THEY NEED
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.
Professional guidance and representation concerning a range of eviction associated issues. With regard to evictions, the most critical task is to put an end to the financial haemorrhage. Certainly there are numerous different tactics which can be used in order to get a defaulting tenant to comply, the approach of eviction is certainly very official with South African Law. The process is unmistakably itemised and normally takes between 6-12 weeks from the moment the request is first served upon the occupant up until the time-frames when the tenant is notified by the pertinent Court or Magistrate to part with the residential property.
Tenants Not Paying Rent
However exactly what can you do if the tenant simply ends paying for rent, and also it becomes evident that they have zero intention of compensating? That it is in lessors best interests none the less to cancel the lease and evict the defaulting tenants as soon as possible as the prerogative must be to removed and replace a delinquent tenant with a paying tenant.
Getting Tenants Out
While many of us cannot imagine a scenario happening where the tenant not only decides not to settle the rent, but furthermore decides not to move out.
Lease Agreements
Your lease ought to have a delinquency section with it describing the penalties of breaching any one of the terms of the contract. It is then up to you how much leniency you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very importantly an individual needs to demonstrate to a court that there is and/or will likely be substantial personal injury to persons (this might consist of the unlawful occupants themselves) alternatively destruction to property in case that the request is not awarded. The immediate eviction is actually so formidable, that it offsets the defiant lessee or the unlawful occupier to get required by the law court to move out of the building inside 1 day, declining which the officer of the court is authorised to forcefully dislodge the wrongful inhabitant off the residential property.
Time & Cost of Evictions
Since an occupant may opt to part with a house at pretty much any time during the eviction proceeding, the price can dramatically differ with each situation. The rent payment debts recuperation process is typically begun along with, and runs in conjunction to the application of the eviction plan.
Landlords Rights
Despite the fact that a iron clad lease contract shortens eviction practices, the absence of a lease agreement doesn’t suggest that an unlawful residents can’t be removed. Read more about landlords rights & duties here.
Required Documents
The first step would certainly be to get the signed lease contract arrangement from the property owner and details of the transgressions of the tenant. In case of the occupant cannot pay for rental, full details of the arrears needs to be supplied by the client.
La Montagne Eviction Notice : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers in La Montagne Evictions, providing fast and professional legal eviction notices for landlords and property owners.
Eviction Notice Attorneys for La Montagne in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly turning into one of the top legal solutions firms in Cape Town. Having already established a reputable name for excellence, Rubensteins is distinguished in its industry by its dedication to its customers, and its strength to find inspired and effective solutions to even the most complex of legal challenges. All these areas include corporate and commercial to criminal and civil lawsuits, labour disputes, family or business dispute resolutions, divorce law in addition to property related matters. Our intention is to go above and beyond, to rise above expectations and to place our clients requirements above all 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.
