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 are professionals in critical eviction orders in Cape Town. In many areas, eviction, especially a housing eviction, is often judged to be a very substantial procedure. Our intention is simply to aid our home owners to solve the legal issues in their business as well as private lives in a simple, dependable, expert and timeous way. We take pride in ourselves on our strong work ethic and attention to detail.
Tenants Not Paying Rent
In many places, it is illegal to evict a tenant until all legal proceedings are concluded, and this may take months. It really is in property owners best interests none the less to cancel the lease and evict the non paying lessees as soon as possible as the priority must be to switch a delinquent lessee with a paying lessee.
Getting Tenants Out
Proprietors that fail to carry an eviction application in good time or comply with the proper legal process may well need to endure a long and very expensive experience.
Lease Agreements
Even though it isn’t a official requirement to possess a drafted lease commitment, it’s highly recommended. The contract needs to outline all the terms– for each of the parties– of the occupancy. It ensures security to simultaneously property owner and renter in the circumstance of either one party reneging on their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. More importantly one has to demonstrate to a court of law that there certainly is and will likely be serious injury to people (this can include the wrongful occupiers themselves) or damages to property should the request is not approved. An immediate eviction is so effective, that it allows for the defiant lessee or the wrongful occupant to get demanded by the judge to abandon the property inside of 24h, declining which the officer of the court is mandated to forcefully evict the unauthorised resident off the estate.
Time & Cost of Evictions
As an occupant might elect to retract from a residential property at almost any stage throughout the eviction proceeding, the cost can substantially vary with each situation. The rental payment and loss retrieval process is ordinarily set in motion alongside, and operates in combination to the application for the eviction processes.
Landlords Rights
Even-though a sound rental contract simplifies eviction steps, the absence thereof does not necessarily mean that unlawful residents can not be evicted. Read more about landlords rights & duties here.
Required Documents
The start should be normally to secure the signatured lease contract arrangement from the applicant and specifics of the breaches of the renter. In case of the occupant cannot pay rent, comprehensive specifications of the debts needs to be presented by the lessor.
Expert eviction help in Wingfield, Cape Town. Rubensteins Attorneys provide fast legal eviction notices for landlords and property owners. Contact us for professional advice.
Eviction Order Attorneys for Wingfield in Cape Town
Formed in 2008, Rubensteins Attorneys is swiftly turning into one of the major legal in Cape Town. Evictions are taken care of by Rubensteins Attorneys who is a very competent an accomplished litigation lawyers with a exhaustive knowledge of eviction laws in Cape Town. Rubensteins come with numerous successful evictions under their belt, for both civil and also corporate and business clients. All these areas include company & commercial to criminal & civil lawsuits, labor disputes, family or business conflict resolutions, family law together with property transactions. Notwithstanding of just how demanding and / or complicated the decree, we will supply crystal clear, efficient and commercially-sound legal services advice.
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.
