Fast forward an eviction demand with our eviction professionals in Glen Ive. Many untoward lessees relinquish right after obtaining the opening command from an legal practitioner to do so. Others put up a dispute and continue being located in the residential property for much longer.
For you to dislodge an unauthorised tenant from residential premises, the process in terms of schedule 4 and also 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be observed. Basically, the property owner will need to acquire a subpoena to evict an wrongful lessee. Sections 4 to 6 of the Act provides for procedure in case of evictions and this incorporates urgent eviction orders.
Tenants Not Paying Rent
In many areas, it is against the law to dislodge a tenant before all legal proceedings are concluded, and this might take few weeks.
It really resides in lessors best interests none the less to cancel the lease and evict the defaulting residents asap as the top priority ought to be to removed and replace a delinquent tenant with a paying lessee.
Getting Tenants Out
Problems resulting from delayed action or erroneous legal processeses frequently causes additional legal services costs, loss of rentals income and inflated risk of damages to the residential or commercial property.
Lease Agreements
A lease agreement must carry a breach clause with it outlining the repercussions of breaching any one of the terms of the lease. It is then up to you what lenience you wish to show.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Most notably one must show a court of law that there actually is and or will be significant personal injury to individuals (this might include the wrongful inhabitants themselves) alternatively damage to residential or commercial property if the request does not get awarded. The urgent eviction is so formidable, that it allows for the unwilling tenant or the illegal occupant being required by the court to vacate the home inside of 24h, failing which the sheriff of the court is mandated to purposely remove the illegal tenant off the home.
Time & Cost of Evictions
Considering that an tenant could elect to move out of a residential property at just about any time through the eviction proceeding, the outlay can dramatically vary with circumstances. The rental fee arrears recovery procedure is generally initiated alongside, and works in conjunction to the application for the eviction procedure.
Landlords Rights
Though a solid lease agreement reduces eviction process, the lack of a lease agreement doesn’t necessarily mean that unauthorised tenants can’t be removed. Find out more about
property owners duties and rights here.
Required Documents
The initial step will be to find the subscribed rental commitment from the homeowner and facts of the infringements of the renter. In the event of the tenant cannot pay rent, complete specifics of the delinquencies must be presented by the landlord.
- Evidence of property ownership
- The lease
- Financial transaction history of what is owed
- A thorough history of what has transpired
- A foundation of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Glen Ive in Cape Town
Formed in 2008, Rubensteins Attorneys rapidly became one of the major law firms in Cape Town. All evictions are handled by Rubensteins Attorneys who are a very proficient an adept litigation lawyers with a in depth knowledge of eviction laws in Cape Town. Rubensteins come with many successful eviction cases in their portfolio, for private as well as corporate clients.
Our firm in Glen Ive resolves to deliver the absolute most affordable and effective approach to your problems. We try to make long-lasting and ultimately meaningful associations with our clients, to commit to their legal issues and ultimately be a part to their progress and their prosperity.
