Our legal representatives can assist with all eviction matters in Hope Of Constantia. It is crucial for any type of lessor or real estate investor having a leasing portfolio to familiarise themselves with the PIE Act along with the various procedures it lays out for legally taking care of offending lessees.
In review, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) provides processes for eviction for unauthorised tenants and restricts wrongful evictions. The main objective of the Act is to provide protection to both tenants and property owners. The owner or lessor should comply with the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the case that they would like to evict a renter.
Tenants Not Paying Rent
Some of the major issues is in which tenants that do not pay the rent & the subsequent expulsion of the lessees.
It resides in property owners best interests none the less to terminate the lease and evict the defaulting tenants as soon as possible as the top priority must be to switch a delinquent tenant with a paying resident.
Getting Tenants Out
Even though a number of us cannot envision a situation emerging wherein the lessee not only chooses not to pay the rent, but furthermore refuses to move out.
Lease Agreements
Even though it is not deemed a legal prerequisite to have a written lease understanding, it’s ardently recommended. The lease must illustrate each of the details– for both of these individuals– of the occupancy. The lease agreement gives security to both lessor and renter in case of either individual breaking their obligations.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More notably one must explain to a law court that there is and/or will be considerable personal injury to persons (this may incorporate the unauthorised occupants themselves) or even damage to the property in the event that the court order is not awarded. An urgent eviction is actually so formidable, that it enables the defiant lessee or the unlawful inhabitant being commanded by the law court to move out of the residential or commercial property in less than 24 hours, declining which the officer of the court is authorised to forcefully evict the prohibited tenant from the residential property.
Time & Cost of Evictions
As an resident can elect to clear a home at just about any phase through the eviction process, the cost can drastically fluctuate with every circumstance. The rental arrears recuperation process is generally begun alongside, and operates in line with the application for legal eviction procedure.
Landlords Rights
Although a sound lease legal contract shortens eviction process, the lack of a lease does not suggest that unlawful residents can not be evicted. Read more about
lease-holders rights & duties here.
Required Documents
The very first step will be normally to secure the signed lease contract commitment from the home-owner and details of the contraventions of the tenant. In the event that the occupant fails to pay rent, comprehensive particulars of the arrears must be presented by the client.
- Confirmation of property ownership
- The lease
- Transaction history of what is owed
- A thorough record of what has transpired
- A grounds of loss or harm to a person
- Any other Evidence (Photos) etc
Eviction Order Lawyers for Hope Of Constantia in Cape Town
Founded in 2008, Rubensteins Attorneys fast turned into one of the major law firms in Cape Town. Our firms focus is on rendering the absolute best law insight to our valued clients.
Our firm in Hope Of Constantia resolves to achieve the absolute most affordable and efficient handling of your legal matters. We have fostered a collaborative culture, in which our staff help each other to obtain the very best results for our clients.
