For more information on ways in which our firm could assist anyone with evictions, feel free to
consult with our eviction professionals. In most places, eviction, certainly a property eviction, is often deemed as being a very formidable procedure.
If you want to remove an prohibited tenant from residential property, the procedure in relations to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be followed. Essentially, the owner will have to obtain a legal order to evict an unlawful tenant. Sections 4 to 6 of the Act provide for process incase of ejections, including for immediate eviction.
Tenants Not Paying Rent
The duties of lessees and also lessors are taken cared of in statutory, and non-statutory law in South Africa.
Certainly there is nothing at all to stop a property owner from issuing a call for the overdue rental payment after the tenant has actually been removed.
Getting Tenants Out
The wrongful resident could go to the courtroom hearing on the day it is considered and defend himself if he believe that the eviction unjustified.
Lease Agreements
A good lease agreement ought to contain a infraction condition in it laying out the implications of breaching any one of the stipulations of the contract. It is then up to the property owner just how much lenience you wish to show.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. More significantly an individual will need to demonstrate to a magistrate that there actually is and/or will be serious personal injury to individuals (this can involve the unauthorised inhabitants themselves) or destruction to the property in case that the court order is not granted. The urgent eviction is so effective, that it offsets the unwilling tenant or the illegal occupier to get required by the judge to move out of the property inside of 1 day, declining which the officer of the court is permitted to emphatically dislodge the unauthorised tenant from the estate.
Time & Cost of Evictions
Since an occupant might choose to vacate a property at just about any stage during the eviction proceeding, the cost can drastically differ with each situation. The rent payment debts retrieval procedure is ordinarily instituted hand and hand, and runs in combination to the application for eviction procedure.
Landlords Rights
Though a sound lease agreement shortens eviction steps, the absence of a lease agreement doesn’t imply that an unlawful residents cannot be evicted. Read more about
landlords duties & rights here.
Required Documents
The very first step should be to get the acknowledged lease contract commitment from the applicant and specifics of the noncompliance of the renter. In the event that the lessee fails to compensate rental, comprehensive particulars of the arrears needs to be supplied by the client.
- Evidence of ownership
- The contract
- Transaction history of what is owed
- A detailed background of what has transpired
- A basis of damages or harm to a person
- Any other Evidence (Photos) etc
Eviction Attorneys for Fir Grove in Cape Town
Established in 2008, Rubensteins Attorneys is quickly becoming one of the most popular law firms in Cape Town. All evictions are handled by Rubensteins Attorneys who are a highly proficient an adept litigation lawyers with a comprehensive understanding of eviction laws in Cape Town & South Africa. Rubensteins hold numerous successful evictions under their belt, for private along with business clients.
Each of our clients gain from our considerable expertise in all key subject fields of South African legislation. Our aim is to go above and beyond, to rise above expectations and to put our valued clients requirements foremost.
