TAKING THE FIRST STEP TOWARDS A LEGAL EVICTION CAN BE DAUNTING BUT KNOWING YOUR OPTIONS IS PARAMOUNT TO YOUR SUCCESS
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 lawyers manage and supervise all forms of evictions as well as rental recovery situations around Pine Haven, Simons Town. Your house may likely be an income-earning asset to you, however, to your tenants it is their household. So what do you do when your tenant does not pay the rent and winds up in breach of the lease contract arrangement? In synopsis, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) provides operations for eviction for unauthorised occupants and restrains illegal evictions. The basic objective of the Act is simply to give protection to both inhabitants and home owners. The owner or lessor must abide by the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the case that they intend to evict a tenant.
Tenants Not Paying Rent
What should a person do if a renter refrains from paying due rent? Instruct an legal professional to initiate eviction process? Get a financial debt ruling? Or reach an arrangement with the lessee that enables him or her to repay what you are owed? That it is in property managers primary interests nevertheless to revoke the lease and evict the defaulting lessees asap as the key concern should be to removed and replace a non-paying occupant with a paying tenant.
Getting Tenants Out
The wrongful resident might go to the courtroom hearing on the day it is considered and fight for himself if he believe the eviction unwarranted.
Lease Agreements
Despite the fact that it is not considered a official condition to possess a recorded lease contract, it’s strongly advised. The contract ought to spell out each of the details– for both individuals– of the tenancy. The lease agreement provides protection to both of landlord and lessee in the circumstance of either party breaking their commitments.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. More importantly one needs to prove to a judge that there actually is and or would be serious injury to persons (this can involve the unlawful occupiers themselves) or destruction to property in case that the request does not get approved. An immediate eviction is actually so effective, that it enables the defiant tenant or the unlawful inhabitant being ordered by the judge to move out of the residential or commercial property in less than 24h, failing which the sheriff of the court is authorised to emphatically dislodge the wrongful occupier from the home.
Time & Cost of Evictions
Considering that an occupant may choose to leave a home at pretty much any time throughout the eviction process, the price can greatly fluctuate with every circumstance. The rent payment arrears recuperation processes is typically begun hand and hand, and runs in combination to the application for eviction proceeding.
Landlords Rights
Even-though a strong lease legal contract simplifies eviction practices, the lack thereof does not suggest that an unlawful occupants can not be evicted. See more about property owners rights here.
Required Documents
The first step should be normally to attain the signed rental arrangement from the applicant and particulars of the noncompliance of the tenant. In the event of the tenant cannot compensate rental, comprehensive specifics of the arrears should be supplied by the client.
Pine Haven Evictions A Guide to Cape Town Evictions
Pine Haven Evictions : Are you a landlord in need of eviction advice? Look no further. Rubensteins Attorneys in Cape Town are experts in fast legal eviction notices. Visit Pine Haven Evictions today.
Eviction Attorneys for Pine Haven in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly becoming one of the major legal services firms in Cape Town. Having indeed acquired a track record for excellence, Rubensteins is recognised in the industry by its allegiance to its clients, and its aptitude to identify inspired and innovative answers to even some of the most complex of legal challenges. Our legal firm in Pine Haven undertakes to deliver some of the most cost effective and efficient approach to your problems. Our aim is to go above and beyond, to exceed expectations and to put our clients requirements foremost.
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.
