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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.
Our residential or commercial property lawyers are furthermore equipped to deal with evictions on residences located Valmary Park, (Durbanville) in all Cape Town. An eviction attorney is a specialist in eviction legislation and may focus on oftentimes supporting property managers in Valmary Park to evict renters or protecting lessees from unlawful evictions. For you to evict an prohibited occupier from domestic property, the process in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be observed. In essence, the lessor will have to secure a court order to remove an unlawful occupant. Sections 4 to 6 in the Land Act provide for process incase of ejections, including with respect to urgent eviction.
Tenants Not Paying Rent
Landlords in Valmary Park should refrain from such unlawful actions as locking the occupant out or disconnecting services. It really resides in property managers best interests however to cancel the lease and evict the non paying residents asap as the key concern should be to switch a delinquent tenant with a paying leaseholder.
Getting Tenants Out
Delays causing by delayed action or misguided legal procedures oftentimes results in increased legal services costs, loss of rentals revenue and inflated risk of damages to the property.
Lease Agreements
Despite the fact that it is not viewed a judicial prerequisite to possess a written lease arrangement, it’s definitely advocated. The lease contract must define all the details– for the two parties– of the tenancy. The lease contract grants safeguard to both lessor and occupant in case of either party breaking their commitments.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction processes. Most significantly a property owner has to prove to a court of law that there actually is and or will be serious injury to individuals (this can include the wrongful occupiers themselves) or else destruction to residential or commercial property should the request does not get approved. An urgent eviction is actually so effective, that it enables the recalcitrant resident or the unlawful occupier being ordered by the court to vacate the property inside of 24h, failing which the sheriff of the court is mandated to forcefully evict the illegal tenant from the home.
Time & Cost of Evictions
Considering that an lessee can opt to leave a property at just about any phase during the eviction proceeding, the outlay can considerably differ with circumstances. The rent payment arrears recovery process is usually instituted hand and hand, and functions in conjunction to the application of the eviction proceeding.
Landlords Rights
Though a sound lease legal contract reduces eviction procedures, the absence thereof doesn’t mean that an illegal residents can’t be evicted. Find out more about landlords rights & duties here.
Required Documents
The first step would be to attain the signed rental agreement from the homeowner and particulars of the noncompliance of the tenant. In case of the lessee cannot compensate rental, full particulars of the arrears needs to be given by the property owner.
Eviction lawyer in Valmary Park. Looking for eviction advice in Valmary Park, Cape Town? Rubensteins Attorneys are the go-to experts in fast legal eviction notices for landlords and property owners.
Eviction Notice Attorneys for Valmary Park in Cape Town
Established in 2008, Rubensteins Attorneys rapidly turned into one of the top legal services firms in Cape Town. Having already developed a reputable name for efficiency, Rubensteins is recognised in its field by its dedication to its clients, and also its competency to discover resourceful and innovative strategies to even the most intricate of legal predicaments. These also include company & commercial to criminal & civil lawsuits, labour problems, business or family conflict resolution, divorce law in addition to property matters. At Rubensteins we have fostered a synergistic ethos, where our staff help each other to achieve the greatest 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.
