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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.
For more information on exactly how we can help you with evictions, feel free to speak to our eviction professionals. Your home or business could be an income-earning investment to you, but to your tenants it is actually their house. So exactly what do you do the moment your tenant cannot pay the rental fee and winds up in breach of the contract understanding? Our intention is really to help our clients to solve the eviction issues in their commercial property as well as personal lives in a easy, dependable, expert and timeous manner. We take pride in ourselves in our very high work principles and attention to detail.
Tenants Not Paying Rent
If all else fails and the renter still does not pay, obtain an eviction lawyer. On the first attainable chance file a tenant-landlord objection in a court. That it is in landlords best interests however to cancel the lease and evict the non paying tenants promptly as the top priority should be to removed and replace a delinquent occupant with a paying tenant.
Getting Tenants Out
Landlords who fail to bring an eviction application in decent time or abide by the correct legal processes might just have to survive a extensive and very expensive experience.
Lease Agreements
Writing a secure lease agreement needs to have a noncompliance paragraph with it describing the consequences of breaching any one of the stipulations of the contract. It is then up to the owner just how much leniency you wish to show.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction proceedings. Very significantly an individual needs to explain to a judge that there is and/or will be serious personal injury to individuals (that may involve the unlawful occupants themselves) or damage to residential or commercial property if the court order is not awarded. An immediate eviction is actually so formidable, that it allows for the recalcitrant lessee or the unlawful inhabitant being ordered by the law court to leave the property inside of 1 day, failing which the officer of the court is mandated to emphatically dislodge the prohibited inhabitant off the home.
Time & Cost of Evictions
To evict a resident in Muizenberg lawfully, the most effective way to lower costs and inevitably losses is to act quickly and proficiently while keeping away from avoidable delays. The rent payment and loss recuperation processes is in most cases set in motion alongside, and runs in combination to the application of the eviction processes.
Landlords Rights
Even-though a strong rental legal contract reduces eviction steps, the absence thereof doesn’t mean that unauthorised tenants cannot be evicted. Find out more about property owners duties and rights here.
Required Documents
The start would be normally to find the subscribed lease contract agreement from the home-owner and facts of the infringements of the tenant. In the event of the lessee cannot compensate rent, full specifics of the delinquencies must be supplied by the lessor.
Saint James Evictions : Looking for eviction advice in Cape Town? Rubensteins Attorneys are experts in fast legal eviction notices for landlords and property owners seeking assistance in Saint James.
Eviction Lawyers for Saint James in Cape Town
Founded in 2008, Rubensteins Attorneys fast turned into one of the most popular legal in Cape Town. Evictions are dealt with by Rubensteins Attorneys who are a highly skilled an accomplished litigation attorneys with a thorough understanding of eviction laws in Cape Town & South Africa. Rubensteins hold many successful evictions under their belt, for both residential in addition to commercial clients. All these areas include company & commercial to civil & criminal litigation, labor problems, business or family conflict resolution, family law together with property matters. Our intention is to go above and beyond, to rise above expectations and to place our valued clients needs above everything else.
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.
