Dennendal Evictions : Cape Town Lawyers

The responsibilities of lessees and also landlords are addressed in statutory, as well as non-statutory legislation in South Africa.
There really is nothing to stop a lessor from issuing a call for the unpaid rent payment after the tenant has been expelled.

Although many of us can not imagine a circumstance happening wherein the resident not only chooses not to settle the rent, yet also refuses to vacate.

A lease needs to have a contravention clause in it outlining the consequences of breaching any of the stipulations of the lease agreement. It is then up to the owner how much lenience you wish to exhibit.

Section 5 of the Land Act deals with so called urgent eviction proceedings. More notably a lessor has to demonstrate to a law court that there certainly is and/or would be substantial personal injury to persons (this can consist of the unauthorised occupiers themselves) alternatively destruction to property if the order does not get approved. An urgent eviction is actually so powerful, that it offsets the recalcitrant resident or the illegal inhabitant to get required by the law court to leave the building in less than 1 day, declining which the officer of the court is permitted to forcefully dislodge the unlawful resident off the house.

In order to remove a resident in Cape Town legitimately, the best way to minimize costs and inevitably losses is to act efficiently and appropriately whilst staying clear of avoidable setbacks. The rental arrears retrieval processes is frequently instituted alongside, and operates in conjunction to the application for eviction plan.

Regardless of the fact that a concrete rental contract simplifies eviction procedures, the absence of a lease doesn’t suggest that unauthorised occupants can not be subject to an eviction. Read more about property owners rights & duties here.

The first step would certainly be normally to attain the signatured lease contract agreement from the property owner and particulars of the contraventions of the renter. In the event of the tenant cannot pay for rental, full particulars of the debts should be given by the client.

• Verification of ownership
• The contract
• Transaction history of what is owed
• A comprehensive background of what has transpired
• A foundation of loss or danger to a person
• Any other Evidence (Pictures) etc