Our eviction attorneys handle and oversee all sorts of evictions and rentals recovery situations around Kalksteenfontein, Matroosfontein. Once an eviction lawyer defends a property owner, they will generally speaking advise his or her client as to if they has justifications to evict the resident and from there on organise, file, and serve the eviction documentations and defend his or her homeowner in court.
For you to evict an unlawful inhabitant from residential property, the process in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be adhered to. Essentially, the property owner needs to acquire a written order to expel an un-lawful occupant. The sections 4 to 6 in the Land Act provides for process incase of ejections, including with regard to urgent eviction.
Tenants Not Paying Rent
In a lot of places, it is unlawful to remove a tenant before all legal procedures are concluded, and this can take months.
It is in lessors best interests nonetheless to terminate the lease and evict the non paying residents as soon as possible as the priority must be to switch a delinquent occupant with a paying renter.
Getting Tenants Out
An unlawful resident can visit the court hearing on the day the case is ascribed and fight for themselves should they believe the eviction is unfair.
Lease Agreements
Whilst it isn’t a official prerequisite to have a documented lease contract, it is highly recommended. The contract must outline all the conditions– for each of the parties– of the tenancy. It grants safeguard to both lessor and lessee in case of either party reneging on their commitments.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Very importantly a property owner has to demonstrate to a law court that there actually is and or will be considerable personal injury to persons (this could include the unauthorised occupiers themselves) alternatively damages to residential or commercial property in the event that the request does not get granted. An urgent eviction is so formidable, that it enables the defiant tenant or the unlawful inhabitant to be ordered by the law court to leave the residential property inside of 24 hours, neglecting which the sheriff of the court is authorised to purposely evict the wrongful inhabitant from the property.
Time & Cost of Evictions
Since an occupant could decide to retract from a house at pretty much any time during the eviction procedure, the outlay can considerably differ with each circumstance. The rental debts recovery procedure is often instituted along with, and operates in combination to the application of the eviction proceeding.
Landlords Rights
Even-though a strong rental agreement shortens eviction process, the absence of a lease agreement does not imply that an illegal tenants can not be removed. Read more about
property owners rights here.
Required Documents
The very first step would be to find the signatured lease arrangement from the client and specifics of the neglects of the lessee. In case that the lessee fails to pay for rent, comprehensive details of the delinquencies must be given by the client.
- Proof of property ownership
- The lease
- Transaction history of what is owed
- A in-depth record of what has taken place
- A foundation of compensations or harm to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Kalksteenfontein in Cape Town
Established in 2008, Rubensteins Attorneys is fast turning into one of the most popular law firms in Cape Town. Our aim is on producing the very best law assistance to our clients.
All these areas also include company & commercial to criminal & civil litigation, labor issues, family or business dispute resolutions, family law as well as property related transactions. Our intent is to go above and beyond, to rise above expectations and to place our clients requirements above everything else.
