We pride our legal practitioners can help with all eviction issues in Helderberg Village. Commercial property proprietors and also landlords ought to never fail to under legal standing evict a non-paying resident and certainly never use approaches that refute the legal evacuation of tenants.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa in which came into effect on 5 June, 1998, and which undertakes to minimise capricious eviction removals.
Tenants Not Paying Rent
Among the most significant concerns is in which tenants which do not pay the rent and the following eviction of the tenants.
It is in property owners best interests nevertheless to cancel the lease and evict the defaulting tenants asap as the top priority should be to switch a non-paying tenant with a paying resident.
Getting Tenants Out
Hold-ups coming from prolonged action or erroneous legal strategies usually leads to extra legal fees, loss of rent cash flow and inflated risk of damage to the building.
Lease Agreements
Though it is not a judicial prerequisite to have a prepared lease agreement, it is ardently recommended. The lease will illustrate all the terms and conditions– for the two parties– of the occupancy. The lease offers safeguards to simultaneously lessor and tenant in case of either one party breaking their commitments.
Urgent Evictions
Section 5 of the Act provides for urgent eviction proceedings. Very notably a property owner has to demonstrate to a court of law that there certainly is and/or will be significant injury to individuals (that could incorporate the unauthorised tenants themselves) or damages to the property should the order is not granted. The immediate eviction is actually so formidable, that it allows for the defiant lessee or the illegal inhabitant to be required by the judge to move out of the home in less than 24h, declining which the officer of the court is permitted to purposely remove the illegal occupier off the residential or commercial property.
Time & Cost of Evictions
Since an tenant can choose to leave a property at any point during the eviction proceeding, the price can significantly vary with every situation. The rental fee arrears recuperation processes is usually started along with, and functions in combination to the application of the eviction plan.
Landlords Rights
Despite the fact that a iron clad lease contract simplifies eviction process, the absence thereof does not imply that unlawful tenants can’t be subject to an eviction. Find out more about
landlords duties & rights here.
Required Documents
The initial step would be usually to secure the signed rental arrangement from the applicant and details of the infringements of the resident. In the event that the occupant cannot pay rental, complete specifications of the debts must be provided by the client.
- Proof of ownership
- The lease
- Transaction history of what is owed
- A comprehensive background of what has taken place
- A foundation of damages or danger to a person
- Any other Evidence (Pictures) etc
Eviction Notice Lawyers for Helderberg Village in Cape Town
Founded in 2008, Rubensteins Attorneys quickly turned into one of the major law firms in Cape Town. Having already cultivated a reputable name for efficiency, Rubensteins is distinguished in its own arena by its allegiance to its clients, as well as its aptitude to identify creative and effective answers to even the most complex of legal challenges.
All these involve company and commercial to civil & criminal lawsuits, labour disputes, business or family dispute resolutions, family law in addition to estate related transactions. Our aim is to go above and beyond, to exceed expectations and to place our clients requirements foremost.
