Our firms eviction lawyers specialises in immediate eviction notices in Cape Town. When an eviction lawyer or attorney is agent for a property manager, he or she will usually counsel his/her property owner as to whether or not he has grounds to evict the renter and then put together, register, and serve the eviction documents and represent his property owner in law court.
So as to dislodge an unlawful tenant from residential building, the course of action in relations to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be abided by. Essentially, the property owner needs to secure a subpoena to evict an wrongful inhabitant. Sections 4 to 6 of the Act provides for procedure in case of evictions and this includes urgent eviction notifications.
Tenants Not Paying Rent
The engagements of lessees as well as landlords are included in statutory, and non-statutory legislation in Southern Africa.
It really resides in landlords primary interests however to cancel the lease and evict the defaulting occupants as soon as possible as the top priority must be to removed and replace a delinquent tenant with a paying leaseholder.
Getting Tenants Out
Lessors which fail to deliver an eviction request in good time or adopt the proper legal process may well need to survive a prolonged and pricey process.
Lease Agreements
A lease contract ought to hold a noncompliance section in it outlining the penalties of breaching any one of the terms of the lease. It is then up to you just how much leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. More significantly an individual will need to demonstrate to a court of law that there is and/or will likely be considerable personal injury to individuals (this could include the wrongful inhabitants themselves) alternatively damages to the property in the event that the request does not get approved. The urgent eviction is actually so compelling, that it offsets the unwilling lessee or the wrongful occupant being commanded by the judge to move out of the property in less than 24 hours, neglecting which the sheriff of the court is mandated to emphatically dislodge the unauthorised resident from the estate.
Time & Cost of Evictions
As an tenant could choose to move out of a residential property at pretty much any stage throughout the eviction process, the outlay can considerably fluctuate with every situation. The rental and loss retrieval processes is ordinarily initiated alongside, and functions in conjunction to the application for the eviction procedure.
Landlords Rights
Although a strong rental agreement shortens eviction processes, the lack thereof doesn’t imply that unauthorised residents can not be removed. See more about
landlords duties & rights here.
Required Documents
The first step would be normally to secure the subscribed lease commitment from the homeowner and particulars of the breaches of the lessee. In case that the lessee cannot pay for rent, full specifics of the arrears must be presented by the client.
- Verification of ownership
- The lease
- Financial transaction history of what is owed
- A in-depth history of what has taken place
- A basis of losses or danger to a person
- Any other Evidence (Pictures) etc
Eviction Notice Lawyers for Churchill Estate in Cape Town
Established in 2008, Rubensteins Attorneys is quickly turning into one of the most popular attorneys in Cape Town. All evictions are taken care of by Rubensteins Attorneys who are a very skilled an accomplished litigation lawyers with a extensive knowledge of eviction laws in Cape Town. Rubensteins have numerous successful lawful evictions in their portfolio, for both civil and also corporate and business clients.
Our legal firm in Churchill Estate undertakes to achieve some of the most cost effective and efficient handling of your problems. Our intent is to go above and beyond, to exceed expectations and to place our clients needs foremost.
