Our commercial property lawyers are also equipped to address evictions in residential or commercial properties situated Helderberg Estate, (
Somerset West) throughout Cape Town. Residential property proprietors and lessors should make sure to legally evict a non-paying lessee and by no means resort to tactics that overstep the lawful evacuation of renters.
To evict an unlawful occupier from personal premises, the processes in relations to schedule 4 as well as 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be observed. Generally, the owner will need to acquire a subpoena to dislodge an prohibited resident. Sections 4 to 6 of the Act attends to procedure in case of evictions and this involves urgent eviction notices.
Tenants Not Paying Rent
The engagements of renters along with landlords are taken cared of in statutory, as well as non-statutory legislation in South Africa.
Certainly there is nothing to prevent a landlord from issuing a command for the unpaid rental fee immediately after the occupant has been expelled.
Getting Tenants Out
Proprietors who do not deliver an eviction request in decent time or abide by the correct legal procedures may need to endure a prolonged and expensive procedure.
Lease Agreements
Whilst it isn’t a legal prerequisite to have a recorded lease contract, it’s definitely advised. The lease contract must illustrate all the conditions– for both of these individuals– of the occupancy. The lease contract grants protection to both lessor and renter in case of either individual breaking their committals.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction processes. Very notably an individual must demonstrate to a law court that there is and will likely be considerable injury to persons (this can involve the unauthorised occupants themselves) or else destruction to the property if the court order does not get granted. An emergency eviction is so formidable, that it enables the defiant resident or the illegal occupier to get required by the judge to abandon the building inside 24 hours, declining which the sheriff of the court is allowed to purposely evict the unauthorised tenant off the estate.
Time & Cost of Evictions
In order to expel a leaseholder in Somerset West lawfully, the best way to lower expenses and losses is to act speedily and proficiently whilst eliminating needless postponements. The rental payment arrears recovery process is ordinarily launched alongside, and operates in line with the application for eviction process.
Landlords Rights
Even though a sound rental agreement reduces eviction steps, the lack of a lease agreement doesn’t mean that an unlawful occupants can’t be dislodged. Read more about
landlords rights & duties here.
Required Documents
The start will be usually to secure the signatured lease contract commitment from the client and details of the neglects of the tenant. In the event that the occupant cannot pay rental, comprehensive details of the debts should be provided by the lessor.
- Proof of property ownership
- The contract
- 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 Order Lawyers for Helderberg Estate in Cape Town
Formed in 2008, Rubensteins Attorneys fast became one of the top law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a exceptionally competent an experienced litigation attorneys with a in depth understanding of eviction laws in Cape Town. Rubensteins hold numerous successful evictions under their belt, for both residential and also corporate clients.
Our law firm in Helderberg Estate resolves to deliver the absolute most cost effective and effective handling of your matters. Our goal is to go above and beyond, to surpass expectations and to put our valued clients needs above all else.
