WE'VE GOT YOU COVERED WITH LEGAL PLANS IN SOUTH AFRICA
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 eviction legal representatives are specialists in critical eviction orders in Cape Town. In many neighbourhoods, eviction, specifically a housing eviction, is considered to be a very substantial situation. There actually are plenty of other methods that might be used so as to get a defaulting occupant to abide, the approach of eviction is generally particularly official in South African Law. The procedure is distinctly itemised and in most cases takes between 6 to 12 workweeks from the moment the application is first officiated upon the tenant until the date when the tenant is told by the pertinent Court or Magistrate to move out of the house.
Tenants Not Paying Rent
The engagements of residents and also lessors are protected in statutory, and also non-statutory law in South Africa. Of course, there is nothing to stop a lessor from putting out a call for the unpaid rental immediately after the occupant has been removed.
Getting Tenants Out
Property owners that do not deliver an eviction application in decent time or comply with the right legal process might have to survive a prolonged and very expensive experience.
Lease Agreements
A lease contract must contain a infringement condition with it laying out the repercussions of breaching any one of the terms of the contract. It is up to the owner what lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More significantly one will need to explain to a magistrate that there is and will likely be substantial injury to persons (that might include the wrongful occupants themselves) or else destruction to property if the request does not get granted. The emergency eviction is actually so formidable, that it enables the recalcitrant tenant or the wrongful inhabitant to get required by the law court to vacate the property within 24h, neglecting which the sheriff of the court is authorised to forcefully evict the unauthorised inhabitant off the home.
Time & Cost of Evictions
Considering that an tenant might decide to move out of a house at just about any point throughout the eviction procedure, the costs can drastically vary with every situation. The rental payment and loss recovery processes is frequently initiated hand and hand, and works in conjunction to the application for the legal eviction procedure.
Landlords Rights
Even-though a strong lease agreement simplifies eviction steps, the absence of a lease does not necessarily mean that an unlawful occupants can’t be evicted. Find out more about lease-holders rights here.
Required Documents
The very first step should be to obtain the signatured rental arrangement from the applicant and particulars of the contraventions of the lessee. In case of the lessee fails to pay for rent, comprehensive specifications of the arrears have to be given by the client.
Cape Town eviction lawyer. Cape Town eviction lawyer. Looking for eviction advice in Cape Town? Turn to Rubensteins Attorneys for expert assistance in fast legal eviction notices. We specialise in providing reliable eviction solutions for landlords or property owners in Winston Estate and beyond.
Eviction Order Attorneys for Winston Estate in Cape Town
Formed in 2008, Rubensteins Attorneys quickly turned into one of the leading attorneys in Cape Town. Our firms aim is on rendering the absolute best law guidance to our valued clients. Our firm in Winston Estate resolves to achieve one of the most cost effective and effective handling of your matters. We aim to establish long-lasting and meaningful partnerships with our clients, to commit to them and be an instrument of their progress and their success.
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.
