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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.
Legal services insight and representation concerning a range of eviction related issues. Get deleterious lessees out immediately – even when it means granting to take a loss on some of the outstanding rental revenue. Currently there are numerous different ways that might be employed so as to get a evading lessee to abide, the option of eviction is certainly extremely definitive within South African Law. The proceeding is unmistakably laid out and typically takes between 6-12 weeks from the moment the application is initially officiated upon the lessee till the time-frames when the occupant is directed by the appropriate Judge or Magistrate to leave the estate.
Tenants Not Paying Rent
Among the most significant issues is where occupants who do not pay the rental & the sub-sequential eviction of the tenants. That it is in landlords primary interests never the less to revoke the lease and evict the defaulting residents asap as the key concern must be to replace a non-paying tenant with a paying tenant.
Getting Tenants Out
Although a number of us can not envision a position emerging where the occupant not only chooses not to produce the rent, but also decides not to leave.
Lease Agreements
Regardless of the fact that it is not a official prerequisite to possess a written lease, it’s strongly advocated. The contract must outline all of the conditions– for both parties– of the occupancy. The contract ensures security to simultaneously property owner and tenant in the event of either individual breaking their committals.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very importantly a property owner needs to prove to a court of law that there certainly is and or will likely be considerable personal injury to people (that may incorporate the wrongful tenants themselves) or damage to property in case that the request does not get granted. An immediate eviction is so formidable, that it offsets the recalcitrant lessee or the unlawful occupier to be demanded by the judge to vacate the residential or commercial property inside 1 day, failing which the sheriff of the court is authorised to emphatically remove the wrongful resident from the home.
Time & Cost of Evictions
In order to expel a tenant in Philippi lawfully, the most effective way to minimise costs and ultimately losses is to act swiftly and appropriately while keeping away from avoidable hold-ups. The rental and loss retrieval procedure is typically begun alongside, and works in combination to the application for legal eviction processes.
Landlords Rights
Despite the fact that a strong lease legal contract streamlines eviction steps, the absence of a lease doesn’t mean that an illegal residents can not be subject to an eviction. Find out more about lease-holders duties & rights here.
Required Documents
The start will be to obtain the signatured rental commitment from the applicant and specifics of the transgressions of the lessee. In case of the tenant fails to pay for rent, full specifications of the arrears should be presented by the client.
Cape Town Eviction Help Assisting with Philippi Evictions
Philippi Evictions - Are you a landlord in Cape Town seeking eviction advice? Rubensteins Attorneys specialise in fast legal eviction notices. Contact our expert team at Philippi Evictions for professional help today.
Eviction Lawyers for Philippi in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the leading law firms in Cape Town. Our aim is on rendering the very best legal services advice for our valued clients. These involve company & commercial to civil and criminal litigation, labour problems, business or family conflict resolution, family law as well as property related dealings. We have refined a collaborative culture, where our staff help one another to attain the most effective results for our valued clients.
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.
