Our firm eviction legal representatives administer and supervise all kinds of evictions and also local rental recovery concerns all around Bergvliet, Cape Town. Get tardy occupants out asap – even if it spells granting to take a loss on some of the outstanding rental income.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa that entered into effect on 5 June, 1998, and which undertakes to help prevent capricious evictions.
Tenants Not Paying Rent
If all else fails and the renter still does not pay, secure an eviction lawyer. On the first possible opportunity file a tenant-landlord objection in court.
Generally there is virtually nothing to stop a property owner from putting out a summons for the delinquent rental after the renter has actually been evicted.
Getting Tenants Out
Delays arising from stalled action or unreliable legal steps usually results in additional legal costs, loss of rental income and increased risk of damages to the residence.
Lease Agreements
Although it isn’t a legal condition to possess a drafted lease arrangement, it is strongly advised. The contract ought to define all of the conditions– for both individuals– of the occupancy. The lease agreement provides safeguard to both lessor and occupant in case of any party defaulting on their commitments.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very significantly one needs to demonstrate to a court of law that there actually is and or would be significant injury to people (that may involve the wrongful inhabitants themselves) alternatively damage to property should the order does not get granted. The immediate eviction is so formidable, that it enables the defiant lessee or the illegal inhabitant being ordered by the law court to leave the residential or commercial property inside 24 hours, neglecting which the officer of the court is authorised to forcefully evict the illegal occupier from the estate.
Time & Cost of Evictions
Considering that an tenant could elect to leave a house at pretty much any stage during the eviction process, the price can dramatically differ with each circumstance. The rental arrears retrieval procedure is ordinarily begun along with, and functions in line with the application for legal eviction procedure.
Landlords Rights
Even-though a concrete lease contract shortens eviction process, the lack of a lease agreement does not mean that unauthorised tenants can’t be removed. Find out more about
property owners rights & duties here.
Required Documents
The very first step would certainly be to attain the acknowledged rental arrangement from the home-owner and details of the noncompliance of the lessee. In the event of the tenant fails to compensate rent, comprehensive particulars of the delinquencies needs to be provided by the client.
- Facts of property ownership
- The contract
- Financial transaction history of what is owed
- A comprehensive record of what has taken place
- A foundation of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Attorneys for Bergvliet in Cape Town
Established in 2008, Rubensteins Attorneys fast became one of the major legal solutions firms in Cape Town. Evictions are managed by Rubensteins Attorneys who are a highly skilled an accomplished litigation attorneys with a comprehensive understanding of eviction laws in South Africa. Rubensteins have numerous successful eviction cases in their portfolio, for both residential along with corporate and business clients.
These also include corporate and commercial to criminal & civil lawsuits, labour issues, family or business dispute resolutions, family law together with property related transactions. Our aim is to go above and beyond, to exceed expectations and to place our valued clients requirements above all else.
