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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 exactly how our staff are able to assist you with evictions, don’t hesitate to speak to our eviction practitioners. Try to get deleterious tenants out as soon as possible – whether or not it involves granting to take a loss on some of the arrear rental money. Our goal is to help our customers to solve the eviction matters in their business and also private way of lives in a uncomplicated, proficient, professional and timeous manner. We take pride in ourselves concerning our very high work principles and attention to detail.
Tenants Not Paying Rent
The accountabilities of renters together with property owners are covered in statutory, and non-statutory law in South Africa. It really resides in property managers best interests nonetheless to terminate the lease and evict the non paying tenants asap as the prerogative ought to be to switch a non-paying tenant with a paying lessee.
Getting Tenants Out
Hold-ups resulting from prolonged action or incorrect legal procedures often provokes added legal services expenses, loss of rentals income and extended risk of damages to the residential or commercial property.
Lease Agreements
Your lease agreement ought to contain a breach section in it detailing the implications of breaching any of the terms of the lease agreement. It is up to the landlord just how much leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. More notably an individual has to demonstrate to a magistrate that there actually is and or would be serious personal injury to persons (that might consist of the unlawful occupiers themselves) or else destruction to residential or commercial property in the event that the court order is not awarded. An immediate eviction is actually so powerful, that it allows for the unwilling tenant or the illegal occupier to get commanded by the judge to move out of the residential property in less than 24h, declining which the officer of the court is permitted to emphatically remove the illegal tenant from the property.
Time & Cost of Evictions
In order to expel a leaseholder in Cape Town legitimately, the most effective way to lower costs and ultimately losses is to operate efficiently and properly whilst avoiding unnecessary delays. The rental payment debts recuperation procedure is generally started alongside, and works in combination to the application for legal eviction plan.
Landlords Rights
Though a solid rental contract streamlines eviction procedures, the absence of a lease doesn’t necessarily suggest that unlawful tenants can not be evicted. See more about landlords rights here.
Required Documents
The initial step would be usually to obtain the subscribed rental commitment from the client and specifics of the transgressions of the renter. In case that the occupant cannot compensate rental, full particulars of the delinquencies needs to be provided by the client.
Mowbray Evictions - Are you a landlord in Cape Town seeking fast legal eviction notices? Rubensteins Attorneys are expert eviction lawyers in Mowbray, providing reliable advice and ensuring a smooth eviction process for property owners.
Eviction Lawyers for Mowbray in Cape Town
Formed in 2008, Rubensteins Attorneys fast turned into one of the leading legal services firms in Cape Town. Having already built a track record for efficiency, Rubensteins is marked in its profession by its dedication to its clients, and also its strength to find inspired and innovative approaches to even the most complex of law challenges. All these areas involve company and commercial to civil and criminal litigation, labour disputes, business or family conflict resolutions, family law as well as property matters. Irrespective of just how daunting or intricate the decree, we will certainly give clear, practical and commercially-sensible legal advice.
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.
