We pride our legal practitioners can help with all eviction matters in Chamonix. Anytime an eviction lawyer represents a landlord, he/she would typically counsel his client as to if they has justifications to evict the resident and after that prepare, register, and serve the eviction documents and defend his/her client in courtroom.
Just to evict an unlawful occupant from domestic property, the procedure in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be complied with. Basically, the property owner needs to secure a court order to evict an un-lawful occupant. Sections 4 to 6 of the Land Act provide for process in case of ejections, including with regard to immediate eviction.
Tenants Not Paying Rent
Some of the major concerns is where tenants that do not pay the rental & the subsequent expulsion of the tenants.
Generally there is nothing at all to stop a property owner from dispatching a summons for the delinquent rental immediately after the lessee has been removed.
Getting Tenants Out
The unauthorized tenant might go to the courtroom hearing on the day the case is considered and fight for himself if he believe the eviction unwarranted.
Lease Agreements
A good lease contract needs to have a infraction provision with it laying out the outcomes of breaching 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 deals with urgent evictions. Most significantly an individual will need to explain to a magistrate that there actually is and or will likely be serious personal injury to people (that can consist of the unauthorised occupants themselves) or else destruction to the property if the court order is not approved. The immediate eviction is actually so powerful, that it offsets the unwilling lessee or the illegal inhabitant being ordered by the law court to move out of the building inside of 24 hours, neglecting which the sheriff of the court is authorised to purposely remove the unauthorised tenant off the house.
Time & Cost of Evictions
As an occupant can elect to vacate a property at any time throughout the eviction process, the cost can considerably vary with each situation. The rental fee debts retrieval procedure is in most cases started alongside, and works in conjunction to the application for the eviction process.
Landlords Rights
Even though a firm lease agreement simplifies eviction practices, the lack of a lease doesn’t necessarily mean that unauthorised occupants cannot be evicted. See more about
landlords duties & rights here.
Required Documents
The initial step will be normally to obtain the signatured lease arrangement from the client and particulars of the noncompliance of the renter. In the event that the tenant fails to pay for rent, full particulars of the delinquencies should be supplied by the client.
- Proof of property ownership
- The lease
- Financial transaction history of what is owed
- A comprehensive record of what has transpired
- A basis of damages or danger to a person
- Any other Evidence (Pictures) etc
Eviction Lawyers for Chamonix in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the leading legal in Cape Town. Our aim is on offering the very best legal insight to our valued clients.
All these also include corporate & commercial to civil and criminal litigation, labor disputes, family or business dispute resolutions, divorce law together with property related transactions. We aim to make lasting and ultimately meaningful partnerships with our clients, to invest in their legal issues and ultimately be an instrument of their growth and their success.
