DISCOVER HOW WE CAN HELP YOU ON YOUR LEGAL JOURNEY
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 practitioners will be able to guide you to go about evictions smoothly. Eviction, additionally distinguished in a few areas as an unlawful detainer, can be a very difficult procedure to get through. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is actually an act of the Parliament of South Africa and that entered into effect on 5 June, 1998, and which undertakes to stop arbitrary eviction removals.
Tenants Not Paying Rent
If all else fails and the occupant still does not pay, get an eviction lawyer. On the earliest feasible opportunity docket a tenant-landlord complaint in a court. There really is nothing to prevent a lessor from putting out a call for the overdue rental fee after the renter has actually been removed.
Getting Tenants Out
An wrongful tenant may go to the court hearing on the day the case is considered and fight for himself if he believes the eviction unwarranted.
Lease Agreements
Your lease contract should carry a infringement condition with it specifying the repercussions of breaching any of the terms of the lease. It is up to the owner the amount of leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Very importantly one must prove to a court that there is and or will be significant injury to individuals (this could include the unlawful occupiers themselves) or even damages to residential or commercial property if the order is not awarded. An urgent eviction is actually so compelling, that it offsets the defiant lessee or the wrongful inhabitant to be ordered by the judge to abandon the residential or commercial property inside of 24 hours, declining which the sheriff of the court is permitted to purposely dislodge the illegal inhabitant from the home.
Time & Cost of Evictions
Since an resident could elect to part with a residential or commercial property at almost any time through the eviction proceeding, the costs can drastically fluctuate with every circumstance. The rent arrears recovery procedure is typically initiated alongside, and functions in conjunction to the application for the eviction plan.
Landlords Rights
Despite the fact that a concrete rental legal contract simplifies eviction practices, the absence of a lease does not suggest that unlawful occupants can’t be evicted. See more about landlords rights & duties here.
Required Documents
The start would be to obtain the signatured rental commitment from the applicant and facts of the contraventions of the renter. In case that the tenant fails to pay out rent, complete specifics of the delinquencies must be presented by the client.
Eviction Notice Sorcor Park Evictions in Cape Town
Sorcor Park Eviction Lawyers : Are you a landlord or property owner in Sercor Park, Cape Town seeking expert eviction advice? Look no further than Rubensteins Attorneys, the specialists in fast legal eviction notices.
Eviction Lawyers for Sercor Park in Cape Town
Established in 2008, Rubensteins Attorneys rapidly became one of the top attorneys in Cape Town. All evictions are taken care of by Rubensteins Attorneys who is a highly proficient an accomplished litigation attorneys with a in depth understanding of eviction laws in Cape Town & South Africa. Rubensteins hold many successful evictions under their belt, for civil as well as commercial clients. All these areas also include company & commercial to civil & criminal lawsuits, labour problems, family or business dispute resolution, family law as well as property matters. We have refined a collaborative ethos, wherein our staff support each other to attain the best 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.
