Our firm eviction attorneys deal with and command all forms of evictions and rent recovery concerns all around Berg-En-Dal, Hout Bay. In many areas, eviction, specifically a real estate eviction, is deemed to be a very formidable issue.
Currently there are numerous different strategies that might be employed so as to get a defaulting renter to abide, the approach of eviction is certainly rather absolute within South African Law. The procedure is clearly laid out and ordinarily takes between 6 to 12 workweeks from the time the request is initially served upon the occupant till the date when the renter is directed by the pertinent Judge or Magistrate to vacate the estate.
Tenants Not Paying Rent
One of the largest concerns is that of occupants who do not pay the rent & the sub-sequential expulsion of the tenants.
Of course, there is nothing to stop a landlord from dispatching a call for the overdue rental payment immediately after the occupant has actually been expelled.
Getting Tenants Out
An unlawful occupier might go to the courtroom hearing on the day it is set down and protest the process himself if he believe the eviction is unjustifiable.
Lease Agreements
Despite the fact that it isn’t a legal criteria to possess a documented lease commitment, it’s ardently advocated. The lease contract ought to illustrate each of the terms– for each of the parties– of the tenancy. It ensures safeguards to simultaneously landlord and occupant in case of either one individual reneging on their commitments.
Urgent Evictions
Section 5 of the Act deals with so called urgent eviction proceedings. Most importantly an individual needs to demonstrate to a court that there actually is and or would be significant personal injury to persons (this can incorporate the unauthorised inhabitants themselves) alternatively damages to property should the order is not granted. The immediate eviction is so effective, that it enables the defiant resident or the prohibited occupier to be ordered by the court to vacate the building inside of 24h, neglecting which the officer of the court is permitted to emphatically dislodge the unlawful inhabitant from the home.
Time & Cost of Evictions
As an tenant can decide to clear a residential property at any phase through the eviction proceeding, the costs can drastically vary with each circumstance. The rental fee arrears retrieval processes is in most cases started along with, and works in conjunction to the application for the legal eviction process.
Landlords Rights
Though a sound lease legal contract streamlines eviction practices, the lack of a lease agreement does not necessarily mean that unlawful residents can not be evicted. See more about
property owners rights here.
Required Documents
The very first step would certainly be normally to get the signed rental agreement from the client and details of the breaches of the lessee. In case that the lessee cannot pay for rental, complete specifications of the delinquencies have to be presented by the lessor.
- Facts of property ownership
- The lease
- Financial transaction history of what is owed
- A thorough background of what has transpired
- A basis of losses or harm to a person
- Any other Evidence (Photos) etc
Eviction Order Lawyers for Berg-En-Dal in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the top law firms in Cape Town. Having already cultivated a reputable name for excellence, Rubensteins is recognised in its own arena by its devotion to its customers, and its competency to find inspired and effective strategies to even some of the most complex of law challenges.
These involve corporate and commercial to civil and criminal litigation, labour issues, family or business dispute resolution, divorce law in addition to property dealings. Our intent is to go above and beyond, to exceed expectations and to place our clients needs above everything else.
