Our eviction lawyers are experts in immediate eviction orders in Cape Town. Whenever an eviction lawyer is agent for a property owner, they will usually advise his/her property owner as to whether the individual has grounds to evict the occupant and after that put together, register, and serve the eviction documentations and represent his/her client in courtroom.
Evictions in terms of the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
Landlords in Bellville West ought to refrain from such illegal activities as replacing locks, or locking the lessee out or disengaging services.
Of course, there is nothing to prevent a proprietor from issuing a command for the delinquent rental immediately after the occupant has been extruded.
Getting Tenants Out
Hold-ups coming from stalled action or incorrect legal steps oftentimes provokes more legal costs, loss of rentals income and extended risk of damage to the residential or commercial property.
Lease Agreements
Despite the fact that it is not a legal condition to have a written lease, it’s ardently advised. The lease needs to outline all of the terms– for both equally individuals– of the tenancy. It gives protection to simultaneously property owner and renter in the event of any individual defaulting on their commitments.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. Most importantly an individual must show a magistrate that there actually is and/or will likely be serious personal injury to individuals (this could incorporate the unlawful inhabitants themselves) or even destruction to the property in the event that the order does not get granted. An urgent eviction is actually so powerful, that it offsets the unwilling lessee or the wrongful inhabitant being demanded by the law court to vacate the property in less than 24h, neglecting which the officer of the court is authorised to emphatically remove the wrongful tenant from the residential property.
Time & Cost of Evictions
In order to evict a occupant in Bellville under legal standing, the most effective way to minimise expenses and losses is to operate speedily and properly while steering clear of unnecessary postponements. The rent payment arrears recovery processes is in most cases launched hand and hand, and works in conjunction to the application for legal eviction proceeding.
Landlords Rights
Though a strong lease legal contract reduces eviction processes, the lack thereof doesn’t necessarily mean that unlawful residents cannot be subject to an eviction. Read more about
lease-holders rights and duties here.
Required Documents
The start would certainly be normally to find the signatured lease arrangement from the applicant and facts of the contraventions of the renter. In case of the tenant cannot compensate rent, complete specifications of the debts must be provided by the client.
- Evidence of property ownership
- The lease
- Financial transaction history of what is owed
- A thorough record of what has taken place
- A basis of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Bellville West in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the top attorneys in Cape Town. Having already developed a reputable name for efficiency, Rubensteins is distinguished in its own arena by its devotion to its clients, and its strength to identify inspired and innovative solutions to even some of the most complex of legal problems.
All these areas involve corporate & commercial to civil and criminal litigation, labour problems, family or business conflict resolutions, family law as well as estate related transactions. We have fostered a synergistic ethos, where our staff help each other to achieve the very best results for our clients.
