Our firm eviction attorneys manage and command all kinds of evictions as well as rent recovery issues around Dennemere, Blue Downs. Some resisting residents leave soon after being given the first appeal from an lawyer to do so. Other people put up a contest and continue located in the property for much longer.
In terms of the Constitution of South Africa, Nobody can be removed from their household, or have their residence destroyed, in the absence of an order of a judge made when considering each of the applicable situations. No regulations may authorise unreasonable evictions.” PIE sets out the process to be abided by when it comes to these removals.
Tenants Not Paying Rent
Among the most significant concerns is in which occupants which do not pay the rent payment & the subsequent expulsion of the lessees.
Certainly there is nothing at all to stop a proprietor from dispatching a summons for the payable rental after the occupant has been extruded.
Getting Tenants Out
An unlawful occupier will be able to turn up the courtroom hearing on the day the case is ascribed and dispute the process himself if he believe the eviction is unfair.
Lease Agreements
Even-though it isn’t a legal requirement to possess a recorded lease, it is highly advised. The contract must outline all the conditions– for the two individuals– of the occupancy. The lease agreement gives protection to simultaneously lessor and renter in case of either one party breaking their obligations.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Very importantly an individual has to explain to a court of law that there is and will be substantial personal injury to people (that can involve the unauthorised occupants themselves) or damage to the property should the court order does not get awarded. The emergency eviction is so formidable, that it allows for the unwilling resident or the wrongful occupant being ordered by the court to vacate the home inside 24h, neglecting which the officer of the court is mandated to purposely dislodge the prohibited resident from the residential or commercial property.
Time & Cost of Evictions
In order to expel a leaseholder in Blue Downs legally, optimal way to minimize expenses and inevitably losses is to operate swiftly and effectively whilst preventing unnecessary setbacks. The rent arrears recovery processes is usually started in addition to, and operates in conjunction to the application for legal eviction processes.
Landlords Rights
Although a strong rental agreement shortens eviction processes, the lack of a lease doesn’t necessarily mean that unlawful occupants can not be removed. See more about
property owners duties & rights here.
Required Documents
The first step would certainly be normally to get the acknowledged lease arrangement from the property owner and details of the contraventions of the renter. In case that the lessee cannot pay out rent, complete particulars of the debts needs to be given by the client.
- Verification of property ownership
- The contract
- Financial transaction history of what is owed
- A thorough record of what has taken place
- A grounds of losses or danger to a person
- Any other Evidence (Pictures) etc
Eviction Notice Lawyers for Dennemere in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly turning into one of the most popular law firms in Cape Town. Our primary focus is on rendering the absolute best legal services insight for our clients.
These involve company and commercial to criminal & civil litigation, labour issues, family or business conflict resolutions, family law in addition to estate related transactions. Our intent is to go above and beyond, to rise above expectations and to place our clients needs foremost.
