Being consultant commercial property legal professionals in Blanc Kelly, (Bellville) we act for landlords, property managers and rental realtors relating to tenant disputes including evictions. Eviction, also known in some locations as an unlawful detainer, might be a difficult process to direct.
Evictions in regards to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
One of the biggest concerns is that of occupants that do not pay the rental payment and the sub-sequential expulsion of the lessees.
Generally there is virtually nothing to prevent a landlord from issuing a summons for the payable rental fee after the lessee has actually been removed.
Getting Tenants Out
The wrongful tenant can easily go to the court hearing on the day the case is ascribed and defend themselves should they believe that the eviction unwarranted.
Lease Agreements
Despite the fact that it is not a legal condition to possess a drafted lease contract, it’s definitely recommended. The lease agreement must define each of the details– for both the individuals– of the occupancy. The lease contract offers safeguards to simultaneously landlord and renter in the event of either party defaulting on their obligations.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Most importantly an individual needs to show a court of law that there actually is and/or will likely be serious personal injury to persons (that could include the wrongful tenants themselves) alternatively damages to property in the event that the order does not get approved. The urgent eviction is so formidable, that it allows for the defiant resident or the unlawful inhabitant to be ordered by the judge to move out of the residential or commercial property within 24 hours, failing which the sheriff of the court is authorised to purposely remove the prohibited tenant from the residential property.
Time & Cost of Evictions
Considering that an occupant might decide to clear a home at just about any point throughout the eviction process, the cost can considerably fluctuate with scenarios. The rent payment and loss recovery processes is generally launched along with, and runs in conjunction to the application for eviction proceeding.
Landlords Rights
Even-though a concrete lease contract shortens eviction processes, the absence thereof does not necessarily suggest that unlawful occupants cannot be removed. See more about
property owners rights here.
Required Documents
The very first step would be normally to attain the signatured lease agreement from the applicant and details of the transgressions of the renter. In case of the tenant fails to pay for rental, full specifications of the arrears must be presented by the client.
- Evidence of property ownership
- The contract
- Transaction history of what is owed
- A detailed history of what has transpired
- A foundation of damages or harm to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Blanc Kelly in Cape Town
Founded in 2008, Rubensteins Attorneys fast turned into one of the most popular law firms in Cape Town. Evictions are taken care of by Rubensteins Attorneys who is a very proficient an accomplished litigation lawyers with a extensive knowledge of eviction laws in Cape Town and South Africa. Rubensteins come with numerous successful eviction cases in their portfolio, for private in addition to commercial clients.
Our firm in Blanc Kelly undertakes to achieve one of the most affordable and effective approach to your matters. We endeavour to build lasting and ultimately meaningful partnerships with our clients, to commit to their legal issues and be a part to their growth & their successes.
