Our eviction attorneys are experts in immediate eviction notices in Cape Town. Your home may be an income-earning investment to anyone, however to your tenants it is actually their residence. So exactly what do you do after your renter fails to pay the rental and winds up in breach of the lease contract agreement?
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa in which came into effect on 5 June, 1998, and which undertakes to stop random eviction issues.
Tenants Not Paying Rent
Exactly what must a person do if a leaseholder stops paying rent? Instruct an lawyer to initiate eviction proceedings? Secure a unpaid debt judgment? Or even get to an commitment with the renter which permits him or her to settle what you are owed?
Generally there is nothing to stop a lessor from putting out a command for the past due rent immediately after the occupant has been removed.
Getting Tenants Out
Although a number of us cannot envision a scenario occurring where the renter not only refuses to pay for the rent, yet also refuses to vacate.
Lease Agreements
Although it is not viewed a official prerequisite to have a written lease arrangement, it is strongly recommended. The lease contract must spell out each of the conditions– for both the individuals– of the occupancy. It offers security to both landlord and tenant in the circumstance of either party defaulting on their commitments.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. More notably a property owner must prove to a magistrate that there certainly is and/or will be significant personal injury to people (that can incorporate the unauthorised inhabitants themselves) alternatively damages to residential or commercial property should the court order is not approved. An urgent eviction is actually so formidable, that it enables the recalcitrant resident or the illegal occupier being ordered by the law court to abandon the property inside 1 day, neglecting which the sheriff of the court is authorised to emphatically dislodge the illegal resident from the estate.
Time & Cost of Evictions
To evict a occupant in Athlone under legal standing, optimal way to lower expenses and losses is to act quickly and proficiently while staying clear of avoidable delays. The rental fee arrears recuperation process is generally instituted along with, and runs in line with the application of the legal eviction processes.
Landlords Rights
Even though a iron clad rental contract simplifies eviction practices, the lack of a lease does not imply that unlawful tenants can’t be evicted. Read more about
property owners rights and duties here.
Required Documents
The start will be usually to find the signatured lease arrangement from the client and specifics of the noncompliance of the tenant. In case that the occupant fails to pay for rental, full details of the debts must be provided by the client.
- Confirmation of ownership
- The lease
- Financial transaction history of what is owed
- A comprehensive history of what has taken place
- A grounds of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Lawyers for Mountview in Cape Town
Established in 2008, Rubensteins Attorneys quickly became one of the most popular law firms in Cape Town. Evictions are handled by Rubensteins Attorneys who are a very skilled an experienced litigation lawyers with a detailed knowledge of eviction laws in South Africa. Rubensteins hold many successful eviction cases in their portfolio, for both residential as well as business clients.
All these also include corporate & commercial to criminal & civil litigation, labour disputes, business or family dispute resolution, family law as well as property related dealings. We have fostered a synergistic culture, where our team support one another to achieve the best results for our valued clients.
