Being professional residential property attorneys in Constantia, (
Cape Town) we work with property owners, residential property supervisors and leasing realtors regarding tenant disagreements as well as evictions. It is crucial for any kind of landlord or real estate investor with a local rental portfolio to up-skill themselves with the PIE Act and the different processes it maps out for officially overcoming neglectful leaseholders.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa and that entered into effect on 5 June, 1998, and which undertakes to protect against random eviction issues.
Tenants Not Paying Rent
If all else fails and the tenant still doesn’t pay, obtain an eviction lawyer. At the earliest achievable chance file a tenant-landlord objection in a local court.
It is in property owners best interests nonetheless to terminate the lease and evict the defaulting lessees as soon as possible as the priority ought to be to replace a non-paying occupant with a paying tenant.
Getting Tenants Out
An unauthorized tenant will be able to turn up the court hearing on the day the case is ascribed and protest the process themselves if they believes the eviction unjustified.
Lease Agreements
A good lease agreement needs to have a infringement clause in it outlining the repercussions of breaching any of the conditions of the lease contract. It is then up to the owner just how much leniency you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. Most notably a lessor must show a magistrate that there actually is and/or will likely be serious personal injury to persons (that might consist of the unauthorised occupants themselves) or damages to residential or commercial property in case that the order does not get approved. An urgent eviction is actually so compelling, that it enables the unwilling tenant or the unlawful occupant to be required by the court to move out of the residential property inside 24 hours, failing which the officer of the court is mandated to forcefully remove the unlawful resident from the home.
Time & Cost of Evictions
To evict a lessee in
Cape Town lawfully, the most effective way to reduce expenses and losses is to act quickly and properly whilst preventing avoidable setbacks. The rental fee debts retrieval procedure is normally started in addition to, and works in conjunction to the application for the legal eviction plan.
Landlords Rights
Although a sound rental legal contract simplifies eviction processes, the absence thereof does not suggest that unauthorised residents can not be subject to an eviction. Read more about
property owners rights & duties here.
Required Documents
The start would be usually to attain the subscribed lease agreement from the applicant and particulars of the contraventions of the renter. In the event of the lessee cannot pay rental, complete specifications of the delinquencies have to be supplied by the client.
- Evidence of ownership
- The contract
- Financial transaction history of what is owed
- A comprehensive background of what has transpired
- A basis of damages or danger to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Constantia in Cape Town
Established in 2008, Rubensteins Attorneys is quickly turning into one of the major law firms in Cape Town. Having indeed cultivated a track record for excellence, Rubensteins is distinguished in the field by its allegiance to its customers, and its capacity to discover unique and innovative answers to even the most complex of legal situations.
Our firm in Constantia undertakes to reach some of the most affordable and effective approach to your legal matters. We have fostered a collaborative culture, wherein our staff support each other to attain the best results for our valued clients.
