For more information on the best way our company may assist you with evictions, do not hesitate to get in touch with our eviction specialists. It is crucial for any landlord or real estate investor with a letting portfolio to enlighten themselves with the PIE Act together with the numerous approaches it lays out for officially tackling neglectful leaseholders.
In order to evict an wrongful occupier from residential property, the procedure in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be followed. Basically, the property owner needs to obtain a court order to oust an un-lawful occupier. The sections 4 to 6 of the Act provides for procedure in the event of ejections, including with respect to immediate eviction.
Tenants Not Paying Rent
In a lot of areas, it is not legal to remove a leaseholder before all legal proceedings are complete, and this can take a few months.
Generally there is nothing at all to stop a property owner from putting out a call for the overdue rent payment after the lessee has been evicted.
Getting Tenants Out
Hold-ups arising from delayed action or unreliable legal strategies typically causes additional legal expenses, loss of rent revenue and increased risk of damages to the residence.
Lease Agreements
Although it is not a judicial condition to possess a documented lease agreement, it’s highly advocated. The contract will define each of the terms and conditions– for both individuals– of the tenancy. It ensures protection to simultaneously property owner and occupant in the circumstance of either one party reneging on their obligations.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Most notably an individual has to demonstrate to a court of law that there is and/or will likely be significant personal injury to individuals (this could consist of the wrongful tenants themselves) or destruction to residential or commercial property in the event that the order is not approved. An immediate eviction is so compelling, that it enables the recalcitrant lessee or the illegal occupier to be ordered by the judge to abandon the residential or commercial property within 24h, neglecting which the sheriff of the court is allowed to purposely evict the wrongful occupier off the house.
Time & Cost of Evictions
In order to evict a tenant in
Bellville lawfully, optimal way to significantly lower costs and losses is to act quickly and proficiently whilst keeping away from unnecessary postponements. The rent and loss recuperation processes is frequently started along with, and works in conjunction to the application for the eviction proceeding.
Landlords Rights
Though a sound lease agreement simplifies eviction practices, the absence of a lease doesn’t suggest that an unlawful occupants can not be subject to an eviction. Find out more about
lease-holders rights and duties here.
Required Documents
The initial step should be usually to secure the signatured rental commitment from the property owner and details of the transgressions of the tenant. In the event of the tenant fails to compensate rental, complete specifics of the debts must be given by the landlord.
- Evidence of ownership
- The lease
- Transaction history of what is owed
- A comprehensive history of what has taken place
- A foundation of damages or danger to a person
- Any other Evidence (Photos) etc
Eviction Order Attorneys for Heemstede in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly became one of the most popular law firms in Cape Town. Evictions are taken care of by Rubensteins Attorneys who is a very skilled an adept litigation lawyers with a exhaustive knowledge of eviction laws in Cape Town. Rubensteins come with many successful evictions under their belt, for both private in addition to commercial clients.
All these areas include company and commercial to civil and criminal lawsuits, labour disputes, business or family dispute resolutions, divorce law in addition to property transactions. Our goal is to go above and beyond, to rise above expectations and to place our valued clients requirements foremost.
