For more information on the best way our staff may support anyone with evictions, feel free to
speak to our eviction professionals. In evictions, the best and most fundamental factor is to stop the cash haemorrhage.
Generally there are countless alternative methods that can possibly be utilised in order to get a defaulting lessee to comply, the decision of eviction is certainly quite official with South African Law. The course of action is clearly itemised and ordinarily takes between six to twelve workweeks from the time the request is initially served upon the lessee until the time-frames when the renter is informed by the applicable Court or Magistrate to move out of the building.
Tenants Not Paying Rent
Exactly what must a person do the moment a leaseholder stops paying their rent? Instruct an lawyer to set in motion eviction proceedings? Secure a unpaid debt judgment? Or reach an commitment with the renter which allows him or her to pay off what you are owed?
Generally there is nothing to stop a property owner from putting out a call for the payable rent payment immediately after the tenant has actually been evicted.
Getting Tenants Out
An unlawful occupier might go to the courtroom hearing on the day the case is ascribed and fight for themselves should they believes the eviction is unfair.
Lease Agreements
Having a secure lease contract should carry a contravention paragraph with it describing the effects of breaching any of the terms of the lease. It is up to the owner what lenience you wish to show.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Very importantly one has to show a judge that there actually is and will be serious personal injury to people (this may include the unlawful occupiers themselves) alternatively damages to property if the request is not granted. An emergency eviction is actually so compelling, that it allows for the unwilling lessee or the prohibited occupant being ordered by the judge to vacate the home inside 24h, failing which the officer of the court is authorised to purposely remove the prohibited occupier from the property.
Time & Cost of Evictions
Considering that an tenant might opt to clear a property at virtually any phase during the eviction procedure, the price can considerably vary with scenarios. The rent debts recuperation processes is often set in motion along with, and functions in conjunction to the application for the legal eviction proceeding.
Landlords Rights
Even-though a firm lease legal contract shortens eviction process, the lack of a lease agreement doesn’t necessarily mean that unlawful residents can not be dislodged. See more about
property owners rights & duties here.
Required Documents
The initial step should be normally to secure the subscribed lease contract commitment from the client and specifics of the breaches of the resident. In the event that the occupant fails to compensate rental, complete specifics of the debts needs to be given by the client.
- Proof of ownership
- The lease
- Transaction history of what is owed
- A detailed history of what has taken place
- A foundation of damages or danger to a person
- Any other Evidence (Photos) etc
Eviction Attorneys for De Tuin in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly turned into one of the leading law firms in Cape Town. Our aim is on rendering the very best law assistance to our valued clients.
These also include corporate and commercial to civil and criminal lawsuits, labor issues, business or family conflict resolution, divorce law together with property related matters. We aim to build long-lasting and meaningful associations with our clients, to invest in them and be a part of their progression and their successes.
