PERSONALISED EVICTION SERVICES INDIVIDUALISED FOR YOUR NEEDS
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.
We pride our attorneys can support with all eviction matters in Misty Cliffs. In most places, eviction, specifically a real estate eviction, is deemed as being a very formidable topic. For you to evict an unlawful inhabitant from non commercial property, the technique in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be complied with. Primarily, the property owner must attain a court order to evict an un-lawful occupier. Sections 4 to 6 in the Act provide for procedure in the event of ejections, including with respect to urgent eviction.
Tenants Not Paying Rent
The responsibilities of renters together with property owners are taken cared of in statutory, and non-statutory law in Southern Africa. It resides in lessors best interests none the less to revoke the lease and evict the defaulting tenants as soon as possible as the key concern ought to be to replace a non-paying tenant with a paying resident.
Getting Tenants Out
An unlawful resident will be able to go to the courtroom hearing on the day it is ascribed and protest the process himself if he believe the eviction is unreasonable.
Lease Agreements
Regardless of the fact that it is not viewed a official criteria to have a written lease contract, it is strongly advised. The lease agreement needs to illustrate all the conditions– for the two parties– of the occupancy. It ensures safeguard to simultaneously lessor and lessee in the circumstance of any party breaking their commitments.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction processes. Very significantly a landlord will need to demonstrate to a judge that there is and/or would be significant injury to people (this could include the unlawful inhabitants themselves) alternatively damage to residential or commercial property should the order does not get granted. The urgent eviction is so compelling, that it enables the unwilling lessee or the illegal inhabitant being required by the judge to leave the home within 24h, declining which the officer of the court is authorised to emphatically remove the unauthorised occupier off the house.
Time & Cost of Evictions
As an tenant could choose to retract from a property at any time throughout the eviction process, the costs can dramatically fluctuate with each circumstance. The rent payment debts recuperation procedure is typically begun in addition to, and runs in conjunction to the application for the eviction plan.
Landlords Rights
Even though a sound rental legal contract simplifies eviction procedures, the lack of a lease agreement doesn’t suggest that an illegal occupants can’t be subject to an eviction. See more about property owners duties & rights here.
Required Documents
The very first step would certainly be normally to secure the signed lease contract agreement from the applicant and details of the neglects of the tenant. In the event of the tenant cannot pay for rental, comprehensive specifications of the debts should be presented by the landlord.
Expert Eviction Lawyer for Misty Cliffs, Cape Town
Seek eviction advice from Misty Cliffs Evictions Lawyer at Rubensteins Attorneys specialized in fast legal notices for landlords and property owners.
Eviction Lawyers for Misty Cliffs in Cape Town
Established in 2008, Rubensteins Attorneys rapidly turned into one of the leading attorneys in Cape Town. Having developed a reputable name for efficiency, Rubensteins is recognised in the industry by its devotion to its customers, as well as its capacity to find productive and effective solutions to even the most intricate of legal situations. Each of our clients gain from our exceptional competence with all key areas of the law. We try to establish long-lasting and ultimately meaningful relationships with our clients, to invest in their legal issues and be a part of their growth & their prosperity.
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.
