Our
residential or commercial property attorneys are also in a position to resolve evictions in properties located Eikenbosch, (
Kuils River) in all Cape Town. Property proprietors as well as lessors must always lawfully evict a non-paying tenant and by no means resort to approaches that contravene the legitimate discharge of tenants.
Property evictions are typically accomplished in relations to either PIE or ESTA. Opting for the wrong Act will likely can result in failure, notwithstanding from the worthiness of the case.
Tenants Not Paying Rent
One of the biggest problems is where lessees that do not pay the rental & the consecutive expulsion of the tenants.
It resides in landlords primary interests none the less to terminate the lease and evict the non paying tenants without delay as the prerogative ought to be to removed and replace a non-paying tenant with a paying renter.
Getting Tenants Out
Property managers who do not bring an eviction request in decent time or adopt the appropriate legal processes may well need to sustain a extensive and expensive procedure.
Lease Agreements
Though it is not a legal criteria to have a documented lease agreement, it is definitely advocated. The lease contract should define all of the terms– for each of the parties– of the tenancy. It ensures protection to both of property owner and tenant in case of either individual defaulting on their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Very importantly one has to demonstrate to a magistrate that there is and/or will be considerable personal injury to individuals (that can incorporate the unauthorised tenants themselves) or damage to the property if the order is not granted. The immediate eviction is so powerful, that it allows for the unwilling tenant or the wrongful occupant being ordered by the judge to abandon the property inside of 1 day, declining which the officer of the court is authorised to forcefully remove the wrongful occupier from the residential or commercial property.
Time & Cost of Evictions
As an resident might opt to clear a home at pretty much any time during the eviction process, the price can substantially fluctuate with scenarios. The rent arrears retrieval procedure is in most cases initiated along with, and operates in conjunction to the application of the legal eviction plan.
Landlords Rights
Even though a sound rental legal contract streamlines eviction procedures, the absence thereof does not suggest that an unlawful residents can not be dislodged. Read more about
landlords rights and duties here.
Required Documents
The start would be normally to obtain the signatured lease arrangement from the applicant and specifics of the contraventions of the renter. In case of the tenant cannot pay rent, complete specifics of the arrears must be provided by the client.
- Proof of property ownership
- The contract
- Financial transaction history of what is owed
- A comprehensive record of what has taken place
- A foundation of losses or harm to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Eikenbosch in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the top law firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who are a exceptionally skilled an experienced litigation attorneys with a detailed knowledge of eviction laws in Cape Town & South Africa. Rubensteins hold many successful lawful evictions under their belt, for civil and also corporate clients.
These include company and commercial to civil and criminal lawsuits, labor problems, family or business dispute resolutions, divorce law as well as estate related matters. Our goal is to go above and beyond, to rise above expectations and to put our valued clients needs above all else.
