Legal services insight and representation on a range of eviction related problems. Try to get delinquent tenants out as swiftly as possible – whether or not it means granting to give up a amount of the arrear rental income.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa that came into effect on 5 June, 1998, and which sets out to avoid arbitrary eviction issues.
Tenants Not Paying Rent
But what would you do if the lessee simply ends paying their rent, and also it eventually becomes obvious that he or she has no plan of paying?
That it is in lessors primary interests nonetheless to revoke the lease and evict the defaulting tenants as soon as possible as the top priority should be to replace a non-paying tenant with a paying leaseholder.
Getting Tenants Out
An wrongful tenant will be able to show up at the courtroom hearing on the day it is considered and dispute the process himself if he believe the eviction is unreasonable.
Lease Agreements
Whilst it is not deemed a official requirement to possess a recorded lease contract, it is definitely advocated. The lease contract will outline each of the details– for both equally parties– of the occupancy. It gives security to both of landlord and renter in case of any party defaulting on their commitments.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. Very notably a lessor needs to explain to a court that there certainly is and will likely be serious injury to individuals (this might involve the wrongful occupiers themselves) or even destruction to the property in case that the order does not get approved. The immediate eviction is so powerful, that it allows for the recalcitrant resident or the wrongful occupier being commanded by the law court to abandon the residential property within 24h, neglecting which the officer of the court is allowed to emphatically remove the prohibited inhabitant from the estate.
Time & Cost of Evictions
As an occupant could elect to clear a property at any phase during the eviction proceeding, the expense can significantly fluctuate with each situation. The rental fee and loss recovery process is usually launched hand and hand, and functions in line with the application for the legal eviction process.
Landlords Rights
Regardless of the fact that a strong rental contract simplifies eviction steps, the lack of a lease agreement does not imply that unlawful tenants can’t be evicted. See more about
lease-holders rights and duties here.
Required Documents
The very first step will be normally to attain the signed lease contract arrangement from the client and specifics of the transgressions of the tenant. In the event of the occupant fails to pay out rental, full specifics of the debts should be provided by the lessor.
- Verification of ownership
- The lease
- Financial transaction history of what is owed
- A thorough record of what has transpired
- A grounds of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Lawyers for Westgate in Cape Town
Formed in 2008, Rubensteins Attorneys is rapidly turning into one of the most popular law firms in Cape Town. Our focus is on providing the absolute best law guidance for our valued clients.
Our legal firm in Westgate resolves to achieve some of the most cost effective and efficient approach to your legal matters. We try to make lasting and ultimately meaningful partnerships with our clients, to commit to them and be a part of their progression & their successes.
