URGENT EVICTION SERVICES - SAME DAY CONSULTATIONS AVAILABLE
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 attorneys can aid with all eviction matters in Rosedale. Get offending occupants out immediately – even if it denotes offering to give up some of the arrear rental. In regards to the Constitution of South Africa, No one can be kicked out from their residence, or have their home demolished, without having an order of court made once taking into account all the relevant situations. No regulations may allow irresponsible evictions.” PIE sets out the processes to be complied with in the case of these kinds of evictions.
Tenants Not Paying Rent
But just what should you do if the lessee simply ends giving rent, and also it becomes apparent that they has no intent of paying? That it is in property owners primary interests however to cancel the lease and evict the non paying occupants quickly as the priority ought to be to removed and replace a non-paying tenant with a paying lessee.
Getting Tenants Out
Property owners who do not carry an eviction request in good time or adhere to the appropriate legal procedures may well have to survive a extensive and costly procedure.
Lease Agreements
Even-though it is not deemed a legal requirement to possess a drafted lease contract, it’s strongly advocated. The lease agreement needs to illustrate each of the terms– for both parties– of the tenancy. It offers security to both property owner and renter in the circumstance of either one individual defaulting on their duties.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. Most notably one will need to demonstrate to a judge that there is and/or would be considerable injury to people (this may consist of the wrongful tenants themselves) or destruction to residential or commercial property in case that the request does not get granted. The emergency eviction is so effective, that it enables the unwilling lessee or the prohibited occupant to be ordered by the court to move out of the residential property inside of 24 hours, neglecting which the officer of the court is authorised to emphatically evict the wrongful inhabitant from the residential or commercial property.
Time & Cost of Evictions
As an occupant can decide to retract from a residential or commercial property at just about any phase through the eviction procedure, the costs can drastically vary with each situation. The rental payment arrears retrieval processes is often initiated in addition to, and operates in line with the application for legal eviction proceeding.
Landlords Rights
Even-though a strong lease agreement reduces eviction processes, the absence of a lease does not necessarily suggest that unlawful residents can’t be removed. See more about property owners duties & rights here.
Required Documents
The very first step will be normally to obtain the signatured lease arrangement from the homeowner and details of the contraventions of the tenant. In case of the tenant cannot pay for rental, comprehensive details of the delinquencies have to be given by the client.
Best eviction attorney in Rosedale. Looking for eviction advice in Rosedale? Seek help from Rubensteins Attorneys, Cape Town's experts in fast legal eviction notices. Gain peace of mind as landlords or property owners with our professional services.
Eviction Notice Lawyers for Rosedale in Cape Town
Established in 2008, Rubensteins Attorneys swiftly turned into one of the major legal in Cape Town. All evictions are dealt with by Rubensteins Attorneys who are a highly skilled an adept litigation attorneys with a in depth understanding of eviction laws in South Africa. Rubensteins come with numerous successful legal evictions under their belt, for both private along with corporate clients. All these involve company and commercial to criminal & civil lawsuits, labor issues, family or business conflict resolutions, family law in addition to property related transactions. At Rubensteins we have refined a collaborative culture, where our team help each other to achieve the greatest 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.
