As professional residential or commercial property legal advisers in Helderberg Park, (
Strand) we act for property owners, residential property supervisors and rental agents regarding occupant disputes and evictions. In cases where an eviction legal counsel represents a property manager, he or she would generally guide his homeowner about whether or not they has grounds to evict the renter and from there on organise, file, and serve the eviction records and defend his client in court.
Evictions in with regards to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
One of the most significant issues is where tenants who do not pay the rental & the consecutive eviction of the tenants.
It really resides in property owners best interests however to revoke the lease and evict the non paying tenants immediately as the priority should be to replace a non-paying occupant with a paying leaseholder.
Getting Tenants Out
Despite the fact that many of us can not imagine a situation occurring wherein the renter not only chooses not to produce the rent, but furthermore refuses to leave.
Lease Agreements
Whilst it is not a judicial criteria to possess a recorded lease commitment, it is definitely advocated. The lease ought to spell out all the terms and conditions– for both the individuals– of the occupancy. The lease agreement ensures safeguards to both of property owner and tenant in case of any individual defaulting on their commitments.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. More importantly an individual has to show a judge that there actually is and will be serious personal injury to people (this may involve the unauthorised occupants themselves) or even destruction to residential or commercial property in the event that the court order is not granted. The urgent eviction is so effective, that it offsets the defiant resident or the prohibited inhabitant to be commanded by the law court to move out of the residential or commercial property inside 24h, failing which the officer of the court is allowed to forcefully remove the unlawful occupier off the estate.
Time & Cost of Evictions
To remove a occupant in
Strand lawfully, the most effective way to lower expenses and ultimately losses is to operate swiftly and proficiently while steering clear of needless delays. The rent payment debts recuperation procedure is in most cases started hand and hand, and operates in line with the application for eviction processes.
Landlords Rights
Even though a sound rental legal contract streamlines eviction processes, the lack of a lease does not necessarily mean that unlawful tenants can not be removed. See more about
lease-holders rights & duties here.
Required Documents
The very first step will be to get the acknowledged lease contract arrangement from the client and facts of the neglects of the tenant. In the event of the lessee cannot pay for rental, complete specifics of the debts needs to be given by the landlord.
- Confirmation of ownership
- The contract
- Financial transaction history of what is owed
- A detailed record of what has transpired
- A basis of losses or danger to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Helderberg Park in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. Our focus is on producing the absolute best legal insight for our clients.
Our firm in Helderberg Park undertakes to deliver the most cost effective and effective approach to your matters. Notwithstanding of how daunting or intricate the decree, we will supply clear, efficient & commercially-sound legal services advice.
