Our eviction attorneys are specialists in critical eviction notices in Cape Town. Eviction, additionally known in a number of places as an unlawful detainer, might be a complicated procedure to direct.
If our clients want to remove an unlawful occupant from household premises, the process in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be obeyed. Generally, the lessor needs to secure a subpoena to evict an unlawful tenant. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this incorporates urgent eviction notices.
Tenants Not Paying Rent
In a large number of areas, it is prohibited to remove a leaseholder until all legal procedures are over, and this might take several months.
There is nothing at all to prevent a landlord from issuing a command for the payable rental immediately after the occupant has been extruded.
Getting Tenants Out
The unlawful tenant will be able to turn up the court hearing on the day it is ascribed and dispute the process themselves if they believes the eviction is unjustifiable.
Lease Agreements
Despite the fact that it is not deemed a judicial criteria to have a drafted lease contract, it is ardently advocated. The lease needs to outline all the terms and conditions– for the two parties– of the occupancy. The contract provides safeguards to simultaneously landlord and lessee in case of either individual breaking their obligations.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Very notably a lessor has to show a magistrate that there certainly is and or will likely be substantial injury to individuals (this could include the unauthorised occupants themselves) or destruction to residential or commercial property in the event that the order is not granted. The immediate eviction is so compelling, that it enables the defiant resident or the illegal inhabitant to be required by the court to abandon the property within 1 day, failing which the sheriff of the court is authorised to purposely dislodge the unauthorised occupier off the house.
Time & Cost of Evictions
To evict a lease holder in
Strand lawfully, optimal way to minimise expenses and losses is to operate efficiently and appropriately whilst staying clear of needless delays. The rent arrears retrieval process is usually begun in addition to, and runs in conjunction to the application for the legal eviction plan.
Landlords Rights
Despite the fact that a firm lease agreement simplifies eviction processes, the lack thereof does not necessarily suggest that an illegal residents cannot be evicted. Find out more about
landlords rights here.
Required Documents
The initial step would be usually to obtain the subscribed lease agreement from the property owner and specifics of the noncompliance of the lessee. In the event of the occupant fails to compensate rent, complete particulars of the debts must be presented by the landlord.
- Proof of property ownership
- The lease
- Financial transaction history of what is owed
- A thorough record of what has transpired
- A basis of damages or danger to a person
- Any other Evidence (Pictures) etc
Eviction Notice Attorneys for Guldenland in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the most popular attorneys in Cape Town. All evictions are dealt with by Rubensteins Attorneys who is a exceptionally competent an experienced litigation attorneys with a exhaustive knowledge of eviction laws in Cape Town. Rubensteins hold many successful legal evictions under their belt, for both civil as well as corporate clients.
All these areas include corporate and commercial to civil & criminal litigation, labour problems, business or family dispute resolutions, divorce law in addition to property related matters. We have fostered a collaborative ethos, where our staff support one another to obtain the best results for our valued clients.
