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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.
As representative commercial property legal representatives in Woodbridge Island, (Milnerton) we represent property owners, residential or commercial property supervisors and rentals brokers concerning leaseholder disputes as well as evictions. Residential property owners and lessors need to always by law evict a non-paying occupant and never ever resort to approaches that contravene the judicial discharge of tenants. In terms of the Constitution of South Africa, Nobody may be forced out from their home, or have their residence knocked down, without an order of a South African court made after considering each of the relevant situations. No regulations could permit unreasonable evictions.” PIE sets out the processes to be complied with in the case of such evictions.
Tenants Not Paying Rent
The duties of renters as well as lessors are taken cared of in statutory, as well as non-statutory law in South Africa. Certainly there is nothing to prevent a property owner from dispatching a summons for the unpaid rent immediately after the occupant has actually been evicted.
Getting Tenants Out
Lessors which fail to deliver an eviction request in good time or observe the correct legal process might just have to survive a extensive and expensive process.
Lease Agreements
Your lease should hold a infraction section in it detailing the results of breaching any one of the terms of the lease contract. It is then up to the owner the amount of leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction proceedings. Very importantly one will need to show a court that there certainly is and or will be significant personal injury to people (that could involve the unauthorised inhabitants themselves) or even damage to the property in case that the order does not get awarded. An urgent eviction is actually so compelling, that it offsets the defiant tenant or the unlawful occupier to get required by the judge to move out of the residential property inside 1 day, neglecting which the sheriff of the court is mandated to emphatically remove the prohibited tenant from the house.
Time & Cost of Evictions
As an resident could decide to move out of a home at any phase through the eviction process, the price can considerably vary with circumstances. The rental fee arrears recovery procedure is usually set in motion alongside, and functions in line with the application of the eviction proceeding.
Landlords Rights
Though a sound lease legal contract shortens eviction practices, the lack of a lease does not necessarily mean that an unlawful occupants can not be evicted. Read more about landlords duties and rights here.
Required Documents
The first step would be to obtain the signatured rental agreement from the applicant and particulars of the neglects of the resident. In case that the lessee cannot pay rent, full specifications of the arrears should be given by the landlord.
Legal Services for Woodbridge Island Evictions in Cape Town
Eviction attorney in Cape Town. Looking for eviction advice in Cape Town? Seek expert guidance from Rubensteins Attorneys, specialists in swift legal eviction notices for landlords and property owners in Woodbridge Island.
Eviction Order Lawyers for Woodbridge Island in Cape Town
Established in 2008, Rubensteins Attorneys swiftly turned into one of the most popular law firms in Cape Town. Our primary focus is on ensuring the absolute best legal services assistance for our clients. These involve company & commercial to criminal & civil lawsuits, labor disputes, business or family conflict resolution, family law as well as property dealings. Our aim is to go above and beyond, to rise above expectations and to put our valued clients needs foremost.
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.
