Our eviction legal advisers are specialists in immediate eviction orders in Cape Town. With evictions, one of the most important factor is to prevent the financial haemorrhage.
In order to expel an wrongful tenant from non commercial property, the process in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be observed. Fundamentally, the lessor must get a written order to remove an unlawful tenant. The sections 4 to 6 in the Land Act provide for procedure incase of evictions, including when it comes to urgent eviction.
Tenants Not Paying Rent
What must you do if a tenant refrains from paying rent? Counsel an lawyer to start eviction proceedings? Get a financial debt judgment? Or perhaps reach an commitment with the renter which permits him or her to payoff what you are owed?
It really resides in property managers best interests never the less to revoke the lease and evict the non paying tenants asap as the top priority should be to replace a delinquent tenant with a paying lessee.
Getting Tenants Out
Property owners that fail to bring an eviction request in decent time or abide by the appropriate legal procedures can have to endure a lengthy and pricey process.
Lease Agreements
Your lease contract should have a infraction paragraph with it specifying the consequences of breaching any of the stipulations of the lease. It is up to you what amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most notably a lessor will need to demonstrate to a law court that there actually is and will be substantial personal injury to people (that can include the wrongful occupants themselves) or even damages to property in case that the order is not granted. An immediate eviction is so formidable, that it allows for the unwilling lessee or the prohibited occupant to be ordered by the law court to abandon the residential or commercial property inside of 24 hours, declining which the officer of the court is allowed to purposely remove the unauthorised tenant from the property.
Time & Cost of Evictions
Since an tenant might opt to vacate a property at just about any stage during the eviction proceeding, the outlay can drastically differ with each situation. The rental fee arrears retrieval procedure is ordinarily begun alongside, and works in combination to the application of the legal eviction procedure.
Landlords Rights
Even though a solid lease contract shortens eviction procedures, the lack of a lease agreement doesn’t imply that unauthorised residents can not be evicted. Read more about
landlords rights here.
Required Documents
The initial step would certainly be to obtain the signed lease agreement from the homeowner and specifics of the noncompliance of the lessee. In case of the occupant fails to compensate rental, comprehensive specifics of the arrears must be provided by the client.
- Facts of property ownership
- The lease
- Financial transaction history of what is owed
- A detailed record of what has transpired
- A basis of damages or danger to a person
- Any other Evidence (Photos) etc
Eviction Order Attorneys for Blouberg Sands in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the most popular law firms in Cape Town. Our firms focus is on giving the superb law advice for our valued clients.
These include company and commercial to civil and criminal lawsuits, labour disputes, business or family dispute resolution, divorce law together with property related matters. Our goal is to go above and beyond, to exceed expectations and to place our clients needs foremost.
