Being professional commercial property legal practitioners in Frere Estate, (
Cape Town) we represent landlords, residential or commercial property companies and leasing realtors regarding tenant disturbances and evictions. With evictions, some of the most important task is to put an end to the financial haemorrhage.
In review, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act offers processes for eviction of unlawful residents and restrains unlawful evictions. The fundamental objective of the Act is to guard both occupiers and property owners. The property owner or lessor should comply with the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the event that they need to force out a renter.
Tenants Not Paying Rent
However exactly what must you do if the lessee simply ends settling rent, and also it becomes obvious that he or she have zero plan of paying out?
There is nothing to stop a property owner from dispatching a call for the unpaid rental payment after the tenant has been evicted.
Getting Tenants Out
An unauthorized resident might attend the court hearing on the day it is set down and defend himself if he believe that the eviction is unreasonable.
Lease Agreements
Even-though it isn’t a legal requirement to possess a documented lease contract, it is strongly advised. The contract will outline all the terms– for both equally individuals– of the tenancy. It provides safeguards to both landlord and occupant in the circumstance of any individual breaking their obligations.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. More notably a lessor has to show a law court that there is and will be significant personal injury to individuals (this may incorporate the wrongful occupants themselves) alternatively destruction to residential or commercial property should the court order is not approved. An emergency eviction is so compelling, that it allows for the defiant resident or the illegal inhabitant to be ordered by the law court to leave the home inside 24h, failing which the officer of the court is allowed to emphatically evict the prohibited inhabitant from the house.
Time & Cost of Evictions
To evict a occupant in
Cape Town legitimately, optimal way to minimise costs and ultimately losses is to act speedily and properly whilst eliminating needless setbacks. The rental fee debts recovery process is in most cases set in motion alongside, and operates in conjunction to the application of the eviction proceeding.
Landlords Rights
Although a strong rental agreement shortens eviction steps, the absence of a lease agreement does not mean that an illegal residents can not be dislodged. See more about
lease-holders rights here.
Required Documents
The very first step will be usually to attain the signatured lease contract agreement from the client and facts of the noncompliance of the lessee. In case that the occupant cannot compensate rent, full details of the delinquencies should be provided by the client.
- Evidence of property ownership
- The contract
- Transaction history of what is owed
- A comprehensive background of what has transpired
- A grounds of compensations or danger to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Frere Estate in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the most popular law firms in Cape Town. Our primary emphasis is on providing the superb legal services guidance to our clients.
These involve company & commercial to civil and criminal lawsuits, labor disputes, family or business dispute resolutions, divorce law together with estate related transactions. Notwithstanding of just how daunting or complicated the decree, we will certainly give clear, functional & commercially-sensible legal services advice.
