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.
Our eviction legal advisers specialises in immediate eviction notifications in Cape Town. Eviction, also distinguished in various locations as an unlawful detainer, can be a tricky action to navigate. In reference to the Constitution of South Africa, No person may be kicked out from their house, or have their house knocked down, in the absence of an order of a South African court made once considering all the applicable circumstances. No legislation could allow arbitrary evictions.” PIE lays out the processes to be complied with in the case of these removals.
Tenants Not Paying Rent
Precisely what should you do when a renter refrains from paying their renal commitments? Counsel an lawyer or attorney to set in motion eviction proceedings? Obtain a personal debt ruling? Alternatively reach an arrangement with the lessee that permits him or her to settle what you are owed? Of course, there is virtually nothing to prevent a lessor from issuing a command for the unsettled rent payment after the tenant has actually been expelled.
Getting Tenants Out
Property owners which do not carry an eviction application in good time or adopt the right legal process may well have to endure a lengthy and very expensive process.
Lease Agreements
Even-though it isn’t a official prerequisite to possess a documented lease contract, it’s highly recommended. The contract ought to illustrate each of the terms and conditions– for both of these parties– of the occupancy. The contract gives safeguards to simultaneously property owner and lessee in case of either one individual defaulting on their committals.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. Very importantly one will need to show a court that there certainly is and or would be substantial personal injury to people (that might incorporate the wrongful occupiers themselves) alternatively damage to property in the event that the request is not granted. The emergency eviction is so effective, that it enables the defiant lessee or the illegal occupier to be commanded by the court to leave the residential property in less than 24 hours, declining which the sheriff of the court is permitted to emphatically evict the illegal occupier from the house.
Time & Cost of Evictions
Since an occupant may opt to vacate a residential or commercial property at virtually any point through the eviction procedure, the expense can greatly fluctuate with every circumstance. The rental payment arrears recovery process is often initiated in addition to, and operates in line with the application for legal eviction procedure.
Landlords Rights
Even-though a firm rental agreement shortens eviction processes, the lack of a lease doesn’t suggest that an illegal residents cannot be dislodged. See more about property owners duties and rights here.
Required Documents
The first step will be to attain the signatured lease contract arrangement from the property owner and particulars of the breaches of the lessee. In case of the lessee cannot pay rent, full specifics of the arrears have to be provided by the lessor.
Rubensteins Attorneys, Cape Town's experts in eviction notices. Fast and reliable advice and orders. Contact Ocean View Evictions now.
Eviction Order Lawyers for Ocean View in Cape Town
Founded in 2008, Rubensteins Attorneys is fast turning into one of the leading legal solutions firms in Cape Town. All evictions are dealt with by Rubensteins Attorneys who is a highly skilled an accomplished litigation attorneys with a thorough knowledge of eviction laws in Cape Town & South Africa. Rubensteins come with many successful eviction cases in their portfolio, for civil along with business clients. All these include company & commercial to civil & criminal litigation, labour issues, family or business dispute resolution, family law in addition to property related transactions. Our goal is to go above and beyond, to exceed expectations and to put our valued clients requirements above everything else.
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.
