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.
To find out more on exactly how our staff may help you with evictions, don’t wait to consult with our eviction professionals. An eviction lawyer is a specialist in eviction policy and can work on oftentimes supporting property owners in Woodstock to evict lessees or standing up for renters from unlawful evictions. Evictions in regards to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
If all else fails and the renter still does not pay, get an eviction lawyer. At the first feasible opportunity docket a tenant-landlord grievance in a local court. Generally there is virtually nothing to prevent a property owner from putting out a command for the unpaid rental payment after the occupant has actually been expelled.
Getting Tenants Out
Lessors whom do not bring an eviction request in good time or follow the right legal process might have to sustain a prolonged and very expensive experience.
Lease Agreements
Your lease agreement ought to have a infraction provision in it describing the outcomes of breaching any of the stipulations of the lease contract. It is up to you the amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. Most importantly an individual needs to prove to a judge that there is and would be substantial personal injury to persons (that might incorporate the wrongful inhabitants themselves) alternatively damages to residential or commercial property in case that the request does not get granted. The urgent eviction is so compelling, that it offsets the recalcitrant tenant or the unlawful occupier to get ordered by the judge to move out of the residential or commercial property inside of 24 hours, declining which the officer of the court is allowed to purposely evict the unauthorised occupier off the property.
Time & Cost of Evictions
As an resident can opt to part with a home at pretty much any phase during the eviction proceeding, the price can greatly fluctuate with each circumstance. The rental payment and loss recuperation processes is usually instituted in addition to, and functions in line with the application for the eviction processes.
Landlords Rights
Despite the fact that a solid rental legal contract shortens eviction procedures, the lack thereof doesn’t necessarily mean that unauthorised tenants cannot be dislodged. See more about property owners rights and duties here.
Required Documents
The very first step will be usually to secure the signed lease commitment from the homeowner and details of the infringements of the renter. In case of the lessee cannot pay out rental, full specifics of the delinquencies needs to be given by the client.
Fast and lawful eviction notices in Woodstock, Cape Town. Seek guidance from Rubensteins Attorneys, the experts in eviction advice.
Eviction Order Lawyers for Woodstock in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly turning into one of the most popular attorneys in Cape Town. Having established a reputable name for efficiency, Rubensteins is marked in its profession by its allegiance to its customers, as well as its aptitude to discover inspired and effective solutions to even some of the most complex of law challenges. Our legal firm in Woodstock undertakes to reach one of the most cost effective and proficient approach to your legal matters. Our intent is to go above and beyond, to surpass expectations and to place 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.
