LEGAL SERVICES DESIGNED FOR YOU INDIVIDUALISED LEGAL PLANS
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.
Legal guidance and representation concerning a variety of eviction related problems. With regard to evictions, the most critical thing is to prevent the financial haemorrhage. House evictions are carried out in terms of either PIE or ESTA. Selecting the incorrect Act will likely lead to failure, notwithstanding from the worthiness of the case.
Tenants Not Paying Rent
The duties of tenants together with lessors are taken cared of in statutory, as well as non-statutory legislation in Southern Africa. That it is in property owners best interests none the less to terminate the lease and evict the defaulting occupants without delay as the prerogative ought to be to switch a delinquent lessee with a paying resident.
Getting Tenants Out
Property managers whom fail to carry an eviction request in decent time or follow the right legal process might just have to survive a prolonged and pricey experience.
Lease Agreements
Regardless of the fact that it is not deemed a official prerequisite to have a documented lease commitment, it’s highly recommended. The lease contract ought to define each of the terms– for both the individuals– of the occupancy. It offers security to both lessor and tenant in case of any individual breaking their committals.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Very notably a landlord must prove to a magistrate that there is and or would be considerable personal injury to individuals (this may involve the unauthorised tenants themselves) alternatively damages to property in the event that the request is not awarded. An emergency eviction is actually so compelling, that it enables the defiant lessee or the unlawful occupier to get ordered by the judge to move out of the home inside of 1 day, neglecting which the officer of the court is permitted to emphatically evict the wrongful resident from the estate.
Time & Cost of Evictions
Since an resident can choose to part with a home at almost any time through the eviction procedure, the cost can drastically vary with circumstances. The rent payment debts recovery procedure is typically begun along with, and works in conjunction to the application of the eviction processes.
Landlords Rights
Even though a strong lease contract shortens eviction processes, the absence of a lease does not necessarily mean that unlawful residents can’t be dislodged. Read more about landlords rights & duties here.
Required Documents
The initial step would be usually to obtain the acknowledged lease arrangement from the home-owner and specifics of the breaches of the resident. In case that the tenant cannot pay rental, comprehensive specifics of the arrears must be supplied by the client.
Sonnekuil Eviction Lawyers : Are you a landlord or property owner in Sonnekuil Evictions Eviction Help Cape Town? Get expert eviction advice from Rubensteins Attorneys, specialists in fast legal eviction notices.
Eviction Order Lawyers for Sonnekuil in Cape Town
Established in 2008, Rubensteins Attorneys swiftly became one of the most popular legal services firms in Cape Town. Our aim is on offering the very best legal services insight to our clients. All these areas involve corporate & commercial to criminal & civil lawsuits, labor problems, family or business conflict resolutions, divorce law as well as estate related dealings. We aspire to create lasting and ultimately meaningful relationships with our clients, to commit to their legal issues and ultimately be a part of their progress & their successes.
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.
