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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 details on ways in which our company may support you with evictions, don’t hesitate to talk to our eviction specialists. It is important for any kind of property manager or investor having a rental portfolio to acquaint themselves with the PIE Act and the numerous methods it outlines for lawfully tackling offending occupants. A landlord can not take the law into her/his own hands in the event that a occupant quits paying rent instalments.
Tenants Not Paying Rent
If demands all fail and the renter still won’t pay, get an eviction lawyer. On the first possible chance record a tenant-landlord complaint in a court. There really is virtually nothing to stop a landlord from issuing a command for the unsettled rent immediately after the lessee has been extruded.
Getting Tenants Out
Property managers which do not carry an eviction request in decent time or abide by the appropriate legal process can have to sustain a lengthy and expensive procedure.
Lease Agreements
A lease agreement needs to contain a breach proviso in it outlining the effects of breaching any one of the terms of the lease agreement. It is up to you how much leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very notably an individual must explain to a law court that there actually is and will be serious injury to individuals (that may incorporate the unauthorised occupants themselves) alternatively damage to property in the event that the request is not granted. The emergency eviction is so formidable, that it allows for the defiant lessee or the illegal inhabitant to get required by the law court to move out of the residential property inside of 1 day, declining which the officer of the court is authorised to forcefully dislodge the wrongful tenant from the estate.
Time & Cost of Evictions
As an lessee may elect to clear a property at just about any point throughout the eviction proceeding, the outlay can greatly differ with scenarios. The rent debts recuperation process is usually launched alongside, and functions in combination to the application for eviction procedure.
Landlords Rights
Regardless of the fact that a sound rental agreement streamlines eviction process, the lack of a lease doesn’t necessarily suggest that an unlawful occupants can’t be evicted. See more about lease-holders rights and duties here.
Required Documents
The start would certainly be to get the signed lease commitment from the property owner and specifics of the neglects of the resident. In the event that the lessee fails to pay rental, complete specifics of the delinquencies have to be supplied by the client.
Summer Greens eviction lawyer. Looking for eviction advice? Contact Rubensteins Attorneys, experts in fast legal eviction notices for landlords and property owners in Summer Greens and Cape Town.
Eviction Attorneys for Summer Greens in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly becoming one of the top legal in Cape Town. Our firms focus is on providing the superb legal services assistance for our valued clients. All these areas include company and commercial to civil & criminal lawsuits, labour problems, business or family dispute resolution, divorce law together with property related matters. Our goal is to go above and beyond, to rise above expectations and to place our clients requirements foremost.
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.
