ACT NOW FOR PEACE OF MIND - LEGAL SOLUTIONS 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.
To get the top evictions legal practitioner services in Sea Point, Cape Town. An eviction counsellor specialises in eviction policy and can work on both allowing landlords in Sea Point to evict occupants or supporting residents from eviction. Our specialist eviction legal advisers are acquainted with the PIE Act plus the demands from our local law courts and techniques that take care of evictions & local rental recoveries.
Tenants Not Paying Rent
Exactly what should a person do whenever a renter refrains from paying their rent? Counsel an legal representative to start eviction process? Acquire a financial debt judgment? Or perhaps get to an arrangement with the lessee which allows them to repay what you are owed? There certainly is virtually nothing to stop a landlord from dispatching a call for the delinquent rental payment after the occupant has been expelled.
Getting Tenants Out
The wrongful occupier could go to the courtroom hearing on the day the case is considered and defend himself if he believe the eviction unwarranted.
Lease Agreements
Writing a secure lease must have a contravention section in it detailing the implications of breaching any one of the terms of the lease. It is up to the landlord just how much lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Most notably a property owner will need to demonstrate to a magistrate that there actually is and/or would be considerable personal injury to people (that may consist of the unauthorised occupants themselves) or damage to the property if the order does not get approved. The emergency eviction is so powerful, that it enables the unwilling lessee or the prohibited occupant being ordered by the court to leave the property within 24h, neglecting which the sheriff of the court is allowed to emphatically evict the unauthorised resident off the estate.
Time & Cost of Evictions
To evict a leaseholder in Cape Town lawfully, the most effective way to lower expenses and inevitably losses is to operate speedily and properly whilst keeping away from unnecessary setbacks. The rental arrears retrieval processes is usually set in motion along with, and functions in conjunction to the application for legal eviction proceeding.
Landlords Rights
Regardless of the fact that a strong lease legal contract streamlines eviction procedures, the absence of a lease agreement doesn’t suggest that an illegal occupants can not be dislodged. See more about landlords duties and rights here.
Required Documents
The first step would certainly be to get the signed rental agreement from the client and particulars of the transgressions of the tenant. In case that the lessee fails to pay for rental, full details of the delinquencies must be supplied by the client.
Verification of ownership
The contract
Financial transaction history of what is owed
A comprehensive background of what has taken place
Sea Point Eviction Notice : Looking for eviction advice in Cape Town? Rubensteins Attorneys are expert lawyers in Sea Point Evictions, providing fast legal eviction notices for landlords and property owners.
Eviction Order Attorneys for Sea Point in Cape Town
Founded in 2008, Rubensteins Attorneys quickly became one of the top law firms in Cape Town. All evictions are managed by Rubensteins Attorneys who are a exceptionally competent an experienced litigation lawyers with a in depth knowledge of eviction laws in South Africa. Rubensteins hold numerous successful eviction cases in their portfolio, for civil as well as commercial clients. These include company and commercial to civil and criminal lawsuits, labour disputes, business or family dispute resolutions, family law together with property transactions. We have fostered a synergistic culture, wherein our staff support each other to accomplish 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.
