Our real estate attorneys are also in a position to tackle evictions on houses located Carey Parks, (
Somerset West) across Cape Town. In most neighbourhoods, eviction, especially a real estate eviction, is deemed to be a very serious situation.
A proprietor simply cannot take the law into his/her own hands when a resident ceases paying rent instalments.
Tenants Not Paying Rent
In a lot of areas, it is unlawful to evict a tenant unless all court procedures are concluded, and this might take months.
It is in property managers best interests nevertheless to cancel the lease and evict the defaulting tenants asap as the priority ought to be to removed and replace a non-paying tenant with a paying resident.
Getting Tenants Out
Setbacks resulting from stalled action or incorrect legal procedures oftentimes leads to more legal costs, loss of rentals income and increased risk of damages to the residential or commercial property.
Lease Agreements
Even-though it is not considered a judicial prerequisite to possess a documented lease, it is ardently advised. The lease contract must spell out each of the details– for each of the parties– of the occupancy. It provides safeguards to simultaneously property owner and occupant in case of either individual defaulting on their responsibilities.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Very significantly an individual needs to explain to a court of law that there certainly is and will likely be substantial personal injury to persons (this may consist of the wrongful occupiers themselves) alternatively destruction to property in the event that the order does not get awarded. The immediate eviction is so powerful, that it offsets the defiant resident or the illegal inhabitant being commanded by the judge to abandon the residential or commercial property inside 24h, failing which the officer of the court is mandated to purposely dislodge the wrongful occupier from the residential property.
Time & Cost of Evictions
Since an occupant may opt to retract from a house at virtually any phase throughout the eviction proceeding, the price can substantially differ with scenarios. The rental fee and loss retrieval procedure is generally instituted in addition to, and functions in line with the application for legal eviction procedure.
Landlords Rights
Even though a firm rental agreement reduces eviction procedures, the absence of a lease does not necessarily suggest that unlawful residents can not be removed. Read more about
lease-holders rights & duties here.
Required Documents
The first step would certainly be normally to attain the signatured lease agreement from the property owner and details of the noncompliance of the lessee. In case that the tenant cannot pay out rent, comprehensive particulars of the delinquencies needs to be given by the client.
- Facts of property ownership
- The contract
- Transaction history of what is owed
- A comprehensive history of what has taken place
- A foundation of damages or harm to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Carey Parks in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the major legal in Cape Town. All evictions are managed by Rubensteins Attorneys who are a exceptionally proficient an skilled litigation attorneys with a comprehensive understanding of eviction laws in South Africa. Rubensteins come with many successful lawful evictions in their portfolio, for residential as well as business clients.
Each of our clients benefit from our extensive competence with all key specialties of South African law. We try to make long-lasting and meaningful associations with our clients, to invest in their legal issues and ultimately be an instrument of their progression and their success.
