Our firms eviction lawyers are experts in immediate eviction orders in Cape Town. It is essential for any type of lessor or real estate investor with a local rental portfolio to familiarise themselves with the PIE Act and the various practices it outlines for lawfully dealing with offending tenants.
Our dedicated eviction attorneys are acquainted with the PIE Act and the prerequisites in regard to our local law courts and routines that deal with evictions & local rental collections.
Tenants Not Paying Rent
Yet just what can you do if the renter simply stops paying their rent, and also it eventually becomes apparent that she or he has no intent of settling?
There certainly is virtually nothing to prevent a lessor from putting out a command for the past due rental fee immediately after the lessee has been expelled.
Getting Tenants Out
An wrongful occupier can easily go to the courtroom hearing on the day it is set down and fight for himself if he believe the eviction unwarranted.
Lease Agreements
Even-though it is not viewed a legal prerequisite to have a written lease contract, it is definitely advised. The lease contract ought to define all of the terms and conditions– for both equally parties– of the occupancy. It grants safeguard to both of landlord and renter in the event of any party breaking their duties.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. More significantly a landlord must demonstrate to a law court that there actually is and or will be significant injury to persons (that might include the wrongful occupants themselves) or damages to the property in case that the request is not granted. The emergency eviction is actually so powerful, that it enables the defiant lessee or the prohibited inhabitant to get commanded by the law court to vacate the home in less than 1 day, failing which the sheriff of the court is authorised to purposely dislodge the unauthorised tenant from the property.
Time & Cost of Evictions
Since an occupant may elect to clear a home at virtually any point throughout the eviction proceeding, the costs can drastically fluctuate with every situation. The rental fee arrears recuperation process is ordinarily set in motion in addition to, and works in combination to the application for the legal eviction processes.
Landlords Rights
Although a iron clad rental contract simplifies eviction processes, the lack thereof doesn’t necessarily mean that an unlawful occupants can’t be removed. Read more about
lease-holders rights here.
Required Documents
The very first step will be normally to obtain the signed lease contract agreement from the applicant and particulars of the neglects of the tenant. In case that the lessee fails to pay rent, full particulars of the debts must be supplied by the landlord.
- Proof of property ownership
- The lease
- Financial transaction history of what is owed
- A in-depth background of what has taken place
- A grounds of loss or danger to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for East Rock in Cape Town
Founded in 2008, Rubensteins Attorneys quickly turned into one of the most popular law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a highly proficient an accomplished litigation attorneys with a comprehensive understanding of eviction laws in Cape Town and South Africa. Rubensteins have numerous successful legal evictions in their portfolio, for both residential in addition to corporate clients.
All of our clients benefit from our extensive knowledge in all key specialties of the law. Our intent is to go above and beyond, to surpass expectations and to put our clients needs foremost.
