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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.
Our eviction legal professionals can assist you to deal with evictions effectively. Residential or commercial property proprietors and also landlords have to never fail to officially evict a non-paying lessee and at no time resort to approaches that thwart the lawful discharge of occupants. If you need to remove an unlawful tenant from household premises, the solution in relations to schedule 4 and also 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be obeyed. Primarily, the lessor should acquire a court order to dislodge an wrongful resident. Sections 4 to 6 of the Act attends to procedure in case of evictions and this incorporates urgent eviction declarations.
Tenants Not Paying Rent
Property managers in Pelikan Park should stay away from such illegal actions as changing locks, or locking the occupant out or disconnecting services. That it is in property owners primary interests never the less to terminate the lease and evict the defaulting lessees asap as the priority ought to be to removed and replace a non-paying occupant with a paying lessee.
Getting Tenants Out
While many of us can not imagine a situation happening in which the occupant not only decides not to pay the rent, but also decides not to leave.
Lease Agreements
Having a secure lease ought to carry a breach clause with it specifying the implications of breaching any one of the stipulations of the lease contract. It is then up to the lessor what leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Most notably an individual will need to prove to a judge that there actually is and will likely be considerable injury to persons (that might incorporate the unauthorised inhabitants themselves) or else damage to residential or commercial property should the order does not get awarded. The immediate eviction is so compelling, that it enables the defiant tenant or the unlawful occupant to get required by the court to abandon the building inside 24h, neglecting which the sheriff of the court is authorised to purposely dislodge the prohibited resident from the estate.
Time & Cost of Evictions
As an resident might choose to vacate a home at just about any point throughout the eviction proceeding, the outlay can drastically fluctuate with every circumstance. The rent debts recuperation processes is in most cases started along with, and works in line with the application of the eviction processes.
Landlords Rights
Even though a iron clad lease agreement streamlines eviction practices, the lack of a lease agreement doesn’t necessarily suggest that an illegal occupants can not be subject to an eviction. See more about property owners rights and duties here.
Required Documents
The initial step should be to get the signed lease contract arrangement from the homeowner and specifics of the contraventions of the resident. In the event that the lessee cannot pay out rental, complete details of the delinquencies should be presented by the client.
Pelikan Park Evictions : Are you a landlord in Pelikan Park or Cape Town seeking eviction advice? Trust Rubensteins Attorneys, the experts in fast legal eviction notices. Get the assistance you need today.
Eviction Order Attorneys for Pelikan Park in Cape Town
Formed in 2008, Rubensteins Attorneys quickly became one of the major law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a very proficient an skilled litigation attorneys with a exhaustive understanding of eviction laws in South Africa. Rubensteins hold many successful evictions under their belt, for both civil as well as corporate clients. These include company and commercial to criminal and civil litigation, labour problems, business or family dispute resolutions, divorce law as well as property transactions. Notwithstanding of how demanding and / or complicated the mandate, we will supply clear, efficient & 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.
