Our eviction lawyers specialises in urgent eviction orders in Cape Town. Try to get deleterious occupants out as quickly as possible – even if it involves granting to give up a amount of the arrear rental revenue.
So as to remove an unlawful occupier from residential property, the process in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be followed. Essentially, the owner has to secure a written order to expel an unlawful tenant. The sections 4 to 6 in the Act provide for procedure incase of ejections, including when it comes to immediate eviction.
Tenants Not Paying Rent
But just what must you do if the tenant just ceases giving their rent, and also it becomes apparent that he or she has no intent of paying?
Certainly there is nothing at all to prevent a proprietor from putting out a summons for the past due rental fee after the tenant has been expelled.
Getting Tenants Out
While many of us cannot imagine a position emerging in which the occupant not only decides not to pay for the rent, but also refuses to vacate.
Lease Agreements
Having a solid lease must contain a infraction condition with it describing the implications of breaching any of the stipulations of the contract. It is up to the owner just how much leniency you wish to demonstrate thereafter.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction processes. Most notably a property owner must prove to a judge that there certainly is and will likely be serious personal injury to people (that might incorporate the unauthorised occupiers themselves) or destruction to residential or commercial property in the event that the request is not granted. An emergency eviction is actually so compelling, that it allows for the unwilling lessee or the unlawful occupier being ordered by the court to leave the residential or commercial property inside of 24 hours, failing which the sheriff of the court is authorised to emphatically remove the unlawful tenant off the residential or commercial property.
Time & Cost of Evictions
To expel a resident in
Kuils River lawfully, optimal way to reduce costs and ultimately losses is to operate speedily and appropriately whilst keeping away from unnecessary postponements. The rent and loss retrieval processes is generally initiated along with, and functions in conjunction to the application for the eviction process.
Landlords Rights
Even-though a sound rental legal contract simplifies eviction procedures, the lack thereof does not necessarily mean that an unlawful occupants can’t be removed. See more about
landlords duties & rights here.
Required Documents
The first step would certainly be normally to secure the acknowledged lease commitment from the applicant and facts of the neglects of the tenant. In case of the tenant cannot pay rental, full specifics of the delinquencies must be provided by the lessor.
- Verification of property ownership
- The lease
- Financial transaction history of what is owed
- A comprehensive record of what has taken place
- A foundation of losses or danger to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Brandwag in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the leading legal services firms in Cape Town. Evictions are dealt with by Rubensteins Attorneys who are a very skilled an skilled litigation lawyers with a detailed understanding of eviction laws in South Africa. Rubensteins have many successful evictions under their belt, for both civil in addition to commercial clients.
Our clients gain from our exceptional experience in all key fields of South African legislation. Our goal is to go above and beyond, to rise above expectations and to place our clients requirements foremost.
