As expert property legal representatives in Everglen, (
Durbanville) we represent landlords, property managers and leasing brokers involving tenant legal disputes including evictions. Property owners as well as landlords should make sure to officially evict a non-paying lessee and by no means consider techniques that overstep the legitimate expulsion of lessees.
So as to evict an prohibited occupier from non commercial property, the technique in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be observed. In essence, the owner needs to attain a court order to dislodge an unlawful occupant. Sections 4 to 6 in the Act provide for process incase of evictions, including with respect to immediate eviction.
Tenants Not Paying Rent
The duties of tenants as well as landlords are taken cared of in statutory, and also non-statutory legislation in Southern Africa.
There really is virtually nothing to prevent a proprietor from issuing a call for the payable rent immediately after the lessee has been removed.
Getting Tenants Out
Setbacks coming from delayed action or misguided legal processeses typically provokes more legal fees, loss of rent cash flow and increased risk of damages to the residential or commercial property.
Lease Agreements
Although it is not deemed a official prerequisite to possess a documented lease, it is highly advised. The lease contract ought to outline all of the terms and conditions– for both the individuals– of the occupancy. The contract grants safeguards to both landlord and lessee in the event of either one individual defaulting on their duties.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Most importantly one has to explain to a court that there is and/or will likely be significant injury to people (this could include the wrongful tenants themselves) alternatively destruction to the property in the event that the request does not get approved. The immediate eviction is actually so effective, that it allows for the unwilling tenant or the wrongful occupier being ordered by the law court to abandon the home in less than 24h, declining which the officer of the court is allowed to purposely remove the wrongful occupier from the residential or commercial property.
Time & Cost of Evictions
Since an lessee can opt to leave a home at any phase during the eviction process, the cost can substantially vary with each circumstance. The rent and loss retrieval process is frequently started along with, and functions in combination to the application for the legal eviction processes.
Landlords Rights
Regardless of the fact that a firm lease contract shortens eviction processes, the absence thereof doesn’t suggest that an unlawful occupants cannot be dislodged. See more about
property owners rights & duties here.
Required Documents
The initial step should be usually to get the signed rental commitment from the client and specifics of the breaches of the tenant. In the event of the lessee cannot pay out rent, complete specifics of the delinquencies have to be provided by the client.
- Proof of ownership
- The lease
- Transaction history of what is owed
- A in-depth record of what has transpired
- A grounds of losses or harm to a person
- Any other Evidence (Pictures) etc
Eviction Attorneys for Everglen in Cape Town
Established in 2008, Rubensteins Attorneys is fast becoming one of the top law firms in Cape Town. Our firms aim is on giving the very best legal services advice to our valued clients.
Our clients benefit from our exceptional expertise in all key disciplines of the law. Our intent is to go above and beyond, to rise above expectations and to place our clients requirements foremost.
