For additional information on ways in which our team can help you with evictions, don’t hesitate to
speak with our eviction professionals. It is essential for any kind of lessor or financier having a local rental portfolio to up-skill themselves with the PIE Act along with the numerous methods it outlines for lawfully tackling overdue tenants.
Evictions in relations to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
Exactly what can you do the moment a lessee stops paying due rent? Instruct an legal representative to start eviction proceedings? Secure a financial debt judgment? Or even get to an arrangement with the renter which enables her or him to settle what you are owed?
It really is in property owners primary interests none the less to terminate the lease and evict the non paying tenants promptly as the priority must be to removed and replace a delinquent tenant with a paying leaseholder.
Getting Tenants Out
An unauthorized tenant can easily visit the court hearing on the day the case is set down and protest the process himself if he believe the eviction is unfair.
Lease Agreements
A lease contract should contain a breach section with it specifying the effects of breaching any of the terms of the contract. It is up to the owner the amount of lenience you wish to show thereafter.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. Most importantly one will need to explain to a court that there certainly is and or will likely be significant injury to people (this might involve the unlawful tenants themselves) or destruction to property in the event that the order is not awarded. The emergency eviction is so compelling, that it enables the recalcitrant resident or the unlawful inhabitant to get ordered by the law court to move out of the property in less than 24h, neglecting which the officer of the court is mandated to forcefully dislodge the wrongful resident off the residential property.
Time & Cost of Evictions
Considering that an lessee might opt to leave a residential or commercial property at virtually any phase through the eviction proceeding, the cost can substantially vary with each circumstance. The rental fee debts retrieval process is ordinarily set in motion in addition to, and works in conjunction to the application of the legal eviction procedure.
Landlords Rights
Though a solid lease contract shortens eviction process, the lack of a lease does not imply that unauthorised tenants can not be dislodged. See more about
property owners rights & duties here.
Required Documents
The start will be normally to attain the signed lease contract arrangement from the applicant and specifics of the noncompliance of the tenant. In case of the lessee fails to pay rent, comprehensive details of the debts have to be given by the client.
- Evidence of ownership
- The contract
- Transaction history of what is owed
- A detailed record of what has transpired
- A grounds of loss or harm to a person
- Any other Evidence (Pictures) etc
Eviction Attorneys for Avondstil in Cape Town
Founded in 2008, Rubensteins Attorneys quickly became one of the most popular legal in Cape Town. Our firms focus is on rendering the superb legal assistance for our clients.
These include corporate and commercial to criminal & civil lawsuits, labour problems, business or family conflict resolution, family law together with property matters. Notwithstanding of how challenging or complicated the decree, we will certainly provide crystal clear, efficient and commercially-sensible legal services advice.
