WE OFFER A WIDE ARRAY OF LEGAL & CONSULTATION SERVICES FOR EVICTIONS
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 consultant property legal professionals in Maniesoord, (Bellville) we act for landlords, commercial property administrators and leasing agents regarding lessee disagreements and evictions. In most localities, eviction, specifically a housing eviction, is considered as being a very formidable procedure. For you to expel an wrongful occupier from residential property, the procedure in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be abided by. In essence, the lessor has to obtain a court order to oust an unlawful inhabitant. The sections 4 to 6 of the Act provide for procedure in case of ejections, including with regard to urgent eviction.
Tenants Not Paying Rent
Among the greatest concerns is that of occupants which do not pay the rent & the subsequent eviction of the tenants. Of course, there is nothing to stop a proprietor from issuing a command for the delinquent rent immediately after the occupant has actually been extruded.
Getting Tenants Out
Even though many of us can not imagine a position occurring wherein the renter not only chooses not to pay for the rent, but also decides not to leave.
Lease Agreements
Having a secure lease agreement ought to carry a delinquency proviso in it detailing the repercussions of breaching one of the conditions of the lease agreement. It is up to you the amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction proceedings. More significantly one needs to explain to a magistrate that there actually is and/or will likely be serious personal injury to individuals (this can involve the unauthorised tenants themselves) or damages to residential or commercial property in the event that the request is not granted. The emergency eviction is actually so powerful, that it allows for the unwilling resident or the illegal inhabitant being ordered by the court to move out of the property inside 24h, neglecting which the sheriff of the court is permitted to purposely dislodge the illegal occupier off the property.
Time & Cost of Evictions
In order to expel a tenant in Bellville legally, optimal way to reduce costs and inevitably losses is to operate quickly and properly whilst staying clear of unnecessary setbacks. The rental fee arrears recovery process is generally begun along with, and runs in line with the application for the legal eviction proceeding.
Landlords Rights
Even though a solid rental contract simplifies eviction practices, the absence of a lease agreement does not mean that unlawful occupants can not be dislodged. Find out more about landlords duties and rights here.
Required Documents
The start will be usually to find the signatured rental agreement from the home-owner and details of the transgressions of the resident. In case of the tenant cannot pay out rent, complete specifics of the arrears must be supplied by the client.
Need eviction help in Maniesoord? Consult Rubensteins Attorneys, experts in lawful eviction notices for landlords and property owners in Cape Town. Fast and reliable advice available.
Eviction Attorneys for Maniesoord in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who are a exceptionally skilled an experienced litigation lawyers with a thorough knowledge of eviction laws in South Africa. Rubensteins hold many successful eviction cases in their past record, for civil along with corporate clients. Our firm in Maniesoord resolves to achieve one of the most affordable and efficient approach to your legal matters. At Rubensteins we have refined a synergistic culture, where our staff help one another to accomplish the greatest results for our 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.
