YOU'RE READY TO RECLAIM YOUR PROPERTY, WE'RE READY TO HELP
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.
Official assistance and representation in a wide range of eviction related issues. Commercial property operators as well as landlords have to always legally evict a non-paying occupant and certainly never consider approaches that contravene the legal evacuation of residents. If you need to evict an unauthorised tenant from domestic premises, the procedure in regards to schedule 4 and also 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be adhered to. Essentially, the owner must obtain a court order to remove an wrongful occupant. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this incorporates urgent eviction orders.
Tenants Not Paying Rent
In many areas, it is unlawful to force out a leaseholder before all court procedures are complete, and this can take few weeks. There really is virtually nothing to prevent a proprietor from dispatching a summons for the past due rental fee immediately after the lessee has actually been expelled.
Getting Tenants Out
While a number of us can not envision a situation arising in which the occupant not only refuses to produce the rent, but also refuses to move out.
Lease Agreements
A lease needs to contain a noncompliance provision with it laying out the results of breaching any one of the conditions of the lease. It is then up to the owner what leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction proceedings. Most importantly a landlord has to explain to a magistrate that there certainly is and/or would be significant injury to persons (this may include the unauthorised inhabitants themselves) or else damage to residential or commercial property in the event that the request is not approved. The urgent eviction is actually so effective, that it offsets the defiant tenant or the prohibited occupant to be demanded by the court to abandon the residential or commercial property inside 24h, declining which the sheriff of the court is allowed to forcefully remove the prohibited resident off the home.
Time & Cost of Evictions
In order to evict a lease holder in Goodwood lawfully, the most effective way to significantly lower costs and ultimately losses is to act speedily and proficiently whilst avoiding avoidable setbacks. The rental and loss recuperation processes is frequently initiated along with, and runs in line with the application for the eviction plan.
Landlords Rights
Though a firm lease legal contract shortens eviction steps, the lack of a lease agreement doesn’t necessarily suggest that an illegal tenants can’t be subject to an eviction. Read more about landlords rights here.
Required Documents
The start would be usually to secure the acknowledged lease commitment from the client and particulars of the transgressions of the tenant. In the event that the lessee cannot pay for rent, comprehensive specifications of the delinquencies needs to be presented by the lessor.
Vasco Eviction Lawyers : Are you a landlord or property owner in Vasco Estate, Cape Town, seeking eviction advice? Rubensteins Attorneys are experienced experts in fast legal eviction notices.
Eviction Notice Attorneys for Vasco Estate in Cape Town
Founded in 2008, Rubensteins Attorneys swiftly became one of the most popular attorneys in Cape Town. Our primary aim is on rendering the superb legal services insight to our clients. Our firm in Vasco Estate undertakes to deliver one of the most affordable and efficient approach to your legal matters. We have fostered a synergistic ethos, wherein our staff support one another to obtain the most effective 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.
