University Estate Evictions : Cape Town Eviction Order
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.
Being specialist residential or commercial property legal counsels in University Estate, (Cape Town) we act for property owners, residential or commercial property supervisors and rentals realtors regarding renter disagreements and evictions. Your property may be an income-earning investment to anyone, however, to your lessees it is their household. So what does one do once your tenant fails to pay the rental fee and winds up in breach of the lease contract understanding? Evictions in with regards to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
In many different places, it is prohibited to remove a tenant until all court proceedings are over, and this may take several months. Certainly there is nothing to prevent a property owner from issuing a call for the payable rent immediately after the tenant has been removed.
Getting Tenants Out
The wrongful resident is able to visit the court hearing on the day the case is considered and defend himself if he believes the eviction is unjustifiable.
Lease Agreements
Even-though it isn’t a judicial criteria to possess a recorded lease, it’s definitely advised. The lease agreement will spell out each of the conditions– for both equally individuals– of the tenancy. It grants protection to both of lessor and occupant in case of any party reneging on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Very notably one must demonstrate to a magistrate that there is and/or would be substantial personal injury to persons (this may involve the unlawful inhabitants themselves) or even damages to property should the court order does not get awarded. An emergency eviction is actually so compelling, that it offsets the defiant lessee or the illegal occupant to get ordered by the court to vacate the residential or commercial property inside of 1 day, declining which the sheriff of the court is authorised to forcefully remove the prohibited inhabitant off the estate.
Time & Cost of Evictions
Since an resident may opt to part with a home at virtually any stage during the eviction proceeding, the costs can dramatically vary with every situation. The rent payment and loss recuperation procedure is typically begun hand and hand, and functions in combination to the application of the eviction procedure.
Landlords Rights
Although a concrete lease legal contract simplifies eviction process, the absence of a lease does not suggest that unauthorised tenants can’t be dislodged. Find out more about property owners rights here.
Required Documents
The very first step will be normally to secure the signatured lease agreement from the applicant and specifics of the infringements of the renter. In the event that the tenant fails to compensate rent, full specifications of the debts needs to be given by the client.
Best eviction attorney in University Estate. Looking for eviction advice in University Estate, Cape Town? Consult Rubensteins Attorneys, your trusted experts in fast and effective legal eviction notices for landlords and property owners.
Eviction Notice Lawyers for University Estate in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the top attorneys in Cape Town. Having already acquired a reputable name for efficiency, Rubensteins is distinguished in the field by its commitment to its customers, and its capacity to find creative and innovative solutions to even the most challenging of law dilemmas. Our clients gain from our extensive competence with all key specialties of South African legislation. At Rubensteins we have refined a collaborative ethos, where our team support one another to accomplish the greatest results for our 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.
