EVICTION SERVICES SHOULDN’T BE A LINEAR APPROACH IT SHOULD BE TAILORED TO THE INDIVIDUAL CASE
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 counsels can easily assist you to tackle evictions effectively. An eviction counsellor specialises in eviction legislation and might work on either enabling property managers in Riverton to dislodge renters or standing up for occupants from unlawful eviction. Currently there are plenty of different approaches that might be used to get a dishonouring tenant to abide, the option of eviction is particularly conclusive with South African Law. The process is clearly itemised and in most cases takes between 6 to 12 weeks from the time the application is initially officiated upon the renter until the time-frames when the tenant is told by the applicable Court or Magistrate to vacate the property.
Tenants Not Paying Rent
Exactly what must a person do if a tenant refrains from paying rent? Counsel an lawyer or attorney to initiate eviction proceedings? Acquire a debt judgment? Or even reach an commitment with the lessee that enables them to payoff what you are owed? Of course, there is virtually nothing to prevent a proprietor from issuing a command for the unsettled rent payment after the tenant has been removed.
Getting Tenants Out
The wrongful resident could attend the courtroom hearing on the day the case is set down and fight for themselves if they believe that the eviction is unjust.
Lease Agreements
Although it is not viewed a legal prerequisite to have a prepared lease contract, it’s ardently advised. The lease needs to define each of the conditions– for both individuals– of the tenancy. It offers safeguard to simultaneously landlord and lessee in case of either party reneging on their duties.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very importantly a landlord has to prove to a court that there actually is and or will be substantial personal injury to people (that can consist of the wrongful occupiers themselves) or else damages to the property if the order is not approved. The immediate eviction is so formidable, that it allows for the recalcitrant lessee or the wrongful inhabitant being demanded by the judge to leave the home inside of 24h, declining which the sheriff of the court is authorised to forcefully remove the unauthorised occupier off the residential or commercial property.
Time & Cost of Evictions
As an tenant could choose to clear a residential property at any time during the eviction proceeding, the price can greatly vary with each circumstance. The rent payment debts retrieval procedure is normally begun hand and hand, and works in combination to the application for the legal eviction processes.
Landlords Rights
Even though a iron clad rental legal contract shortens eviction process, the absence of a lease agreement does not suggest that unlawful residents can’t be subject to an eviction. See more about property owners rights here.
Required Documents
The very first step would be usually to get the subscribed rental arrangement from the homeowner and details of the noncompliance of the tenant. In the event of the tenant cannot compensate rent, complete specifics of the delinquencies needs to be provided by the landlord.
Looking for eviction advice in Riverton? Rubensteins Attorneys, experts in fast legal eviction notices, can provide you with the guidance you need as a landlord or property owner in Cape Town.
Eviction Attorneys for Riverton in Cape Town
Founded in 2008, Rubensteins Attorneys quickly became one of the leading law firms in Cape Town. Our firms focus is on giving the absolute best legal services advice for our clients. Our clients gain from our considerable knowledge in all key fields of local law. We have fostered a collaborative ethos, where our team help one another to attain the most effective results for our 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.
