Our firms eviction lawyers are experts in immediate eviction notifications in Cape Town. Get tardy occupants out as quickly as is possible – even if it means offering to give up a amount of the outstanding rental revenue.
In relations to the Constitution of South Africa, No individual can be kicked out from their house, or have their home destroyed, without an order of a South African court made after considering all the applicable circumstances. No regulations could authorise arbitrary evictions.” PIE creates the procedure to be abided by in the case of these kinds of evictions.
Tenants Not Paying Rent
Exactly what must you do whenever a leaseholder refrains from paying due rent? Instruct an legal professional to begin eviction process? Obtain a debt ruling? Alternatively get to an agreement with the lessee which permits her or him to repay what you are owed?
That it is in property owners best interests however to terminate the lease and evict the non paying residents quickly as the top priority ought to be to switch a non-paying lessee with a paying lessee.
Getting Tenants Out
Though many of us can not imagine a position arising where the renter not only chooses not to pay for the rent, but also decides not to move out.
Lease Agreements
A lease contract ought to contain a noncompliance condition in it outlining the implications of breaching any of the stipulations of the lease. It is up to you just how much leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. More notably an individual needs to prove to a court that there actually is and/or will likely be considerable personal injury to persons (this can involve the unauthorised inhabitants themselves) or else destruction to the property in the event that the order is not approved. An urgent eviction is so compelling, that it enables the defiant tenant or the prohibited occupant to be ordered by the judge to leave the building inside 1 day, declining which the sheriff of the court is allowed to emphatically evict the unlawful inhabitant from the residential property.
Time & Cost of Evictions
As an occupant can decide to vacate a house at pretty much any phase through the eviction procedure, the price can substantially fluctuate with every circumstance. The rent arrears recovery procedure is normally instituted along with, and runs in combination to the application of the legal eviction procedure.
Landlords Rights
Even-though a strong lease agreement streamlines eviction process, the absence thereof does not necessarily mean that an unlawful residents cannot be dislodged. Read more about
property owners rights & duties here.
Required Documents
The start will be to find the signatured lease contract arrangement from the client and facts of the contraventions of the lessee. In case of the tenant fails to pay rental, comprehensive specifics of the debts should be presented by the client.
- Proof of ownership
- The lease
- Financial transaction history of what is owed
- A detailed history of what has transpired
- A grounds of losses or harm to a person
- Any other Evidence (Pictures) etc
Eviction Notice Attorneys for Bel Aire in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the leading law firms in Cape Town. Having indeed established a track record for excellence, Rubensteins is marked in its industry by its devotion to its customers, as well as its capacity to find productive and original answers to even the most complex of law challenges.
Each of our clients gain from our extensive competence with all key specialties of South African legislation. Notwithstanding of just how demanding or complicated the mandate, we will give crystal clear, efficient and commercially-sensible legal services advice.
