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 attorneys can assist you to handle evictions properly. It is necessary for any type of property owner or real estate investor having a letting portfolio to familiarise themselves with the PIE Act and the different procedures it outlines for legally handling neglectful occupants. In brief, PIE (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (1998 )) supplies operations for eviction of unlawful tenants and restrains wrongful evictions. The principal goal of the Act is simply to offer protection to both occupiers and landlords. The home owner or landlord must abide by the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they need to evict a renter.
Tenants Not Paying Rent
Property managers in Stuarts Hill ought to steer clear of such unlawful activities as switching locks, or locking the occupant out or disengaging services like water or electricity. There really is nothing to prevent a property owner from dispatching a summons for the past due rental payment after the lessee has actually been extruded.
Getting Tenants Out
Hold-ups arising from postponed action or inappropriate legal processeses usually provokes increased legal services expenses, loss of rental income and inflated risk of damages to the residential or commercial property.
Lease Agreements
Though it is not a legal prerequisite to possess a written lease commitment, it’s definitely recommended. The contract must outline all the details– for both equally individuals– of the tenancy. It ensures security to both of property owner and lessee in the circumstance of either party reneging on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very importantly an individual must explain to a court of law that there is and/or will likely be serious personal injury to individuals (that could incorporate the wrongful occupants themselves) alternatively damages to the property in the event that the order does not get granted. The immediate eviction is actually so effective, that it allows for the unwilling lessee or the wrongful occupant being ordered by the court to abandon the residential or commercial property in less than 1 day, failing which the officer of the court is allowed to emphatically dislodge the unlawful tenant from the property.
Time & Cost of Evictions
Considering that an occupant can choose to part with a house at just about any stage through the eviction proceeding, the costs can greatly vary with scenarios. The rent and loss recuperation process is usually initiated in addition to, and runs in line with the application for the legal eviction procedure.
Landlords Rights
Though a solid rental contract simplifies eviction steps, the lack thereof doesn’t mean that an illegal tenants can not be evicted. See more about landlords rights and duties here.
Required Documents
The very first step should be usually to find the subscribed lease agreement from the home-owner and details of the transgressions of the lessee. In case that the occupant fails to compensate rental, comprehensive particulars of the delinquencies must be given by the client.
Eviction lawyer in Stuarts Hill. Looking for eviction advice? Rubensteins Attorneys in Cape Town are the experts in fast legal eviction notices, catering to landlords and property owners seeking assistance in Stuarts Hill. Contact us for professional help with your eviction process.
Eviction Attorneys for Stuarts Hill in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. Our aim is on giving the superb legal services assistance for our clients. These also include corporate & commercial to civil and criminal lawsuits, labor problems, business or family dispute resolution, family law in addition to property matters. At Rubensteins Attorneys we have refined a collaborative ethos, in which our staff support one another to accomplish 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.
