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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 get the top evictions attorney services and solutions in Noordhoek, Noordhoek. Anytime an eviction counsellor is agent for a property owner, he/she will generally speaking guide his or her client as to whether he has justifications to evict the lessee and then get ready, file, and serve the eviction documentations and defend his client in courtroom. To evict an unauthorised tenant from residential property, the processes in with regards to schedule 4 and 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be adhered to. Basically, the lessor needs to attain a court order to dislodge an wrongful renter. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this features urgent eviction notifications.
Tenants Not Paying Rent
Landlords in Noordhoek must stay clear of such illegal activities as locking the lessee out or disconnecting services like water or electricity. Of course, there is virtually nothing to prevent a property owner from dispatching a call for the overdue rental fee after the tenant has been expelled.
Getting Tenants Out
Problems resulting from delayed action or misguided legal steps normally causes extra legal fees, loss of rentals income and inflated risk of damage to the property.
Lease Agreements
Though it is not a legal requirement to have a prepared lease contract, it is strongly advocated. The lease ought to outline all of the conditions– for both of these individuals– of the occupancy. It grants safeguard to both of lessor and lessee in case of any individual reneging on their duties.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. Very importantly an individual will need to demonstrate to a court of law that there is and or will be considerable injury to persons (that might involve the wrongful occupiers themselves) or destruction to the property should the order does not get granted. An emergency eviction is actually so powerful, that it allows for the unwilling lessee or the illegal occupier to be required by the court to abandon the residential property in less than 24h, failing which the sheriff of the court is permitted to emphatically remove the prohibited occupier off the residential property.
Time & Cost of Evictions
To remove a resident in Noordhoek legitimately, optimal way to lower expenses and ultimately losses is to act efficiently and proficiently whilst avoiding unnecessary hold-ups. The rental arrears recovery procedure is usually instituted hand and hand, and works in line with the application for the eviction plan.
Landlords Rights
Despite the fact that a iron clad rental agreement reduces eviction processes, the absence of a lease agreement does not necessarily mean that an unlawful tenants can’t be removed. Read more about landlords rights here.
Required Documents
The start should be to get the signatured lease arrangement from the client and facts of the transgressions of the lessee. In the event of the lessee fails to compensate rental, comprehensive particulars of the debts have to be provided by the lessor.
Get reliable eviction advice and orders from Rubensteins Attorneys in Noordhoek. Our expert lawyers specialize in fast, legal eviction notices.
Eviction Notice Attorneys for Noordhoek in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the major law firms in Cape Town. Our primary focus is on offering the superb law guidance to our clients. These include company & commercial to civil & criminal lawsuits, labour issues, business or family conflict resolution, family law as well as estate related transactions. Notwithstanding of just how challenging and / or intricate the decree, we will certainly provide clear, practical and commercially-sound legal services 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.
