YOUR PEACE OF MIND BEGINS NOW NO MATTER THE PAST, THERE IS A LEGAL SOLUTION
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 commercial property practitioners are moreover able to handle evictions on properties located Oostersee, (Parow) in all Cape Town. Regarding evictions, among the most critical thing is to prevent the cash bleeding. Evictions in with regards to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
If all else fails and the tenant still doesn’t pay, get an eviction lawyer. At the earliest possible opportunity docket a tenant-landlord grievance in a court of law. Of course, there is virtually nothing to prevent a proprietor from putting out a command for the past due rent payment immediately after the renter has been removed.
Getting Tenants Out
Although a number of us can’t imagine a circumstance emerging in which the resident not only decides not to produce the rent, but furthermore decides not to leave.
Lease Agreements
Even though it isn’t a legal prerequisite to have a recorded lease contract, it is strongly advised. The lease agreement needs to spell out all the conditions– for both the individuals– of the occupancy. It offers protection to both landlord and tenant in case of either one party defaulting on their committals.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Most significantly one will need to show a judge that there certainly is and will likely be considerable injury to individuals (that may incorporate the unauthorised tenants themselves) or even destruction to residential or commercial property if the order is not granted. An urgent eviction is so formidable, that it enables the unwilling resident or the prohibited occupier to get ordered by the law court to vacate the building in less than 24h, neglecting which the sheriff of the court is mandated to emphatically evict the unlawful inhabitant from the residential property.
Time & Cost of Evictions
In order to remove a tenant in Parow under legal standing, the most effective way to minimize expenses and ultimately losses is to act swiftly and effectively while staying clear of unnecessary postponements. The rental payment arrears retrieval process is often started hand and hand, and runs in line with the application of the legal eviction proceeding.
Landlords Rights
Although a concrete lease agreement reduces eviction practices, the absence thereof does not suggest that an unlawful residents cannot be dislodged. Find out more about lease-holders rights here.
Required Documents
The first step will be normally to secure the signatured lease agreement from the homeowner and facts of the noncompliance of the renter. In case that the lessee cannot compensate rent, full particulars of the delinquencies have to be presented by the client.
The Comprehensive Guide to Cape Town Evictions in Oostersee
Fast eviction advice from expert Oostersee eviction lawyers, Rubensteins Attorneys. Get legal guidance for landlords and property owners in Cape Town.
Eviction Attorneys for Oostersee in Cape Town
Founded in 2008, Rubensteins Attorneys is fast becoming one of the leading law firms in Cape Town. Having acquired a reputation for excellence, Rubensteins is recognised in its own profession by its allegiance to its customers, and its capacity to discover resourceful and original strategies to even the most challenging of legal issues. These also include corporate and commercial to civil and criminal lawsuits, labour disputes, family or business dispute resolutions, divorce law as well as property matters. Notwithstanding of how demanding or complicated the mandate, we will certainly give clear, useful and commercially-sound 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.
