To read more on specifically how our staff can support you with evictions, do not hesitate to talk to our eviction specialists. In cases where an eviction counsellor is agent for a property owner, he or she would typically prepare his/her client about if he/she has good grounds to evict the resident and after that get ready, register, and serve the eviction documents and defend his/her client in law court.
In summing-up, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act provides operations for eviction for unauthorised residents and prohibits illegal evictions. The principal intention of the Act is to offer protection to both occupants and home owners. The home owner or landlord must abide by the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the case that they need to evict a renter.
Tenants Not Paying Rent
Among the largest concerns is that of tenants which do not pay the rent & the consecutive expulsion of the lessees.
There certainly is nothing to prevent a proprietor from putting out a command for the past due rent after the lessee has actually been expelled.
Getting Tenants Out
The unlawful resident might attend the court hearing on the day the case is considered and defend themselves should they believe that the eviction is unjustifiable.
Lease Agreements
Though it is not a official requirement to have a prepared lease contract, it is strongly advised. The lease contract should define each of the terms and conditions– for both of these parties– of the occupancy. The lease agreement gives protection to both property owner and lessee in case of any party breaking their obligations.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent evictions. Most importantly an individual needs to show a law court that there actually is and or will be significant injury to persons (this might involve the unauthorised occupants themselves) alternatively destruction to the property if the request is not approved. An emergency eviction is actually so effective, that it offsets the defiant tenant or the unlawful inhabitant to get ordered by the court to vacate the residential or commercial property inside 24h, failing which the sheriff of the court is allowed to forcefully evict the unauthorised resident off the residential property.
Time & Cost of Evictions
Considering that an occupant can elect to vacate a property at pretty much any stage throughout the eviction process, the expense can greatly vary with each circumstance. The rent arrears recovery procedure is generally instituted hand and hand, and runs in conjunction to the application for legal eviction plan.
Landlords Rights
Even though a concrete lease agreement simplifies eviction procedures, the absence of a lease doesn’t necessarily mean that an unlawful occupants can’t be evicted. See more about
landlords rights & duties here.
Required Documents
The start should be to secure the signatured rental arrangement from the property owner and facts of the breaches of the resident. In the event that the lessee fails to pay for rental, comprehensive specifications of the debts should be given by the client.
- Evidence of property ownership
- The lease
- Financial transaction history of what is owed
- A detailed background of what has taken place
- A grounds of losses or danger to a person
- Any other Evidence (Photos) etc
Eviction Order Lawyers for Devon Park Village in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the top law firms in Cape Town. Having indeed cultivated a track record for efficiency, Rubensteins is recognised in its own industry by its devotion to its clients, and also its strength to identify inspired and original strategies to even some of the most complex of law problems.
All of our clients gain from our exceptional expertise with all key specialties of the law. We have refined a collaborative culture, in which our team help each other to attain the best results for our valued clients.
