IS A TENANT DISPUTE IMPACTING YOUR PROPERTY? TAKE THE FIRST STEP TO RESOLUTION TODAY!
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.
To read more on the best way our experts are able to support anyone with evictions, don’t hesitate to get in touch with our eviction practitioners. In many residences, eviction, specifically a home eviction, is deemed to be a very formidable situation. In terms of the Constitution of South Africa, Nobody can be evicted from their house, or have their home knocked down, in the absence of an order of court only made when taking into account all the relevant circumstances. Absolutely no legislation could authorise arbitrary evictions.” PIE lays out the procedure to be followed in the case of these sorts of evictions.
Tenants Not Paying Rent
The engagements of lessees as well as lessors are covered in statutory, and also non-statutory law in Southern Africa. There certainly is virtually nothing to stop a property owner from issuing a summons for the overdue rent immediately after the renter has actually been expelled.
Getting Tenants Out
The unlawful resident could turn up the courtroom hearing on the day it is set down and fight for themselves if they believe the eviction is unjustifiable.
Lease Agreements
A lease contract should carry a noncompliance section in it outlining the effects of breaching one of the stipulations of the lease. It is up to you how much lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very significantly one will need to explain to a law court that there actually is and or will likely be substantial injury to individuals (this might incorporate the unauthorised inhabitants themselves) alternatively damage to residential or commercial property if the order does not get granted. The emergency eviction is actually so formidable, that it offsets the unwilling resident or the illegal inhabitant to get ordered by the judge to abandon the building within 1 day, neglecting which the officer of the court is allowed to forcefully evict the prohibited occupier from the house.
Time & Cost of Evictions
As an resident may decide to leave a home at any stage throughout the eviction proceeding, the price can dramatically vary with each situation. The rental payment and loss retrieval process is generally instituted hand and hand, and functions in combination to the application for the legal eviction proceeding.
Landlords Rights
Although a solid lease agreement reduces eviction procedures, the lack of a lease agreement does not necessarily suggest that unlawful tenants can’t be removed. Read more about lease-holders duties & rights here.
Required Documents
The first step would certainly be to secure the acknowledged lease agreement from the client and particulars of the transgressions of the renter. In the event of the occupant cannot pay rent, complete specifications of the debts have to be given by the lessor.
La Rochelle Evictions : Are you a landlord or property owner in La Rochelle seeking eviction advice? Consult Rubensteins Attorneys, Cape Town's expert lawyers in fast legal eviction notices.
Eviction Order Attorneys for La Rochelle in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly turning into one of the major legal in Cape Town. Having already developed a reputation for efficiency, Rubensteins is marked in its industry by its dedication to its customers, and also its competency to find productive and innovative answers to even some of the most intricate of law dilemmas. Our clients benefit from our extensive competence with all key specialties of South African law. At Rubensteins Attorneys we have cultivated a collaborative culture, where our team help each other to attain the best 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.
