As professional residential property legal advisers in Koeberg, (
Melkbosstrand) we act for property owners, property managers and rentals brokers relating to renter legal disputes and evictions. Whenever an eviction law firm represents a landlord, he/she would normally counsel his or her homeowner as to whether or not he or she has good grounds to evict the tenant and from there on put together, register, and serve the eviction documents and defend his/her property owner in law court.
In relations to the Constitution of South Africa, No individual may be evicted from their household, or have their house destroyed, without having an order of a South African court made after taking into consideration each of the related situations. No regulations could permit arbitrary evictions.” PIE creates the process to be complied with in the case of these evictions.
Tenants Not Paying Rent
One of the greatest issues is that of occupants that do not pay the rental payment & the subsequent eviction of the tenants.
There is virtually nothing to prevent a lessor from putting out a call for the delinquent rental after the occupant has been extruded.
Getting Tenants Out
Landlords whom fail to deliver an eviction application in good time or abide by the proper legal process might just need to withstand a prolonged and expensive procedure.
Lease Agreements
A good lease agreement needs to hold a delinquency paragraph in it laying out the implications of breaching any of the stipulations of the lease agreement. It is up to you what leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. Very importantly an individual will need to explain to a magistrate that there actually is and/or will likely be serious injury to people (this might incorporate the wrongful occupants themselves) or destruction to property should the order is not awarded. The immediate eviction is actually so powerful, that it enables the recalcitrant lessee or the unlawful occupant to get ordered by the law court to move out of the residential property inside of 1 day, neglecting which the sheriff of the court is allowed to forcefully remove the prohibited tenant off the house.
Time & Cost of Evictions
Since an occupant could decide to move out of a house at any point through the eviction proceeding, the outlay can greatly vary with each situation. The rental debts retrieval procedure is usually started along with, and works in line with the application of the eviction procedure.
Landlords Rights
Although a strong lease contract shortens eviction process, the absence thereof does not necessarily suggest that an illegal tenants can not be dislodged. See more about
lease-holders rights & duties here.
Required Documents
The start would certainly be usually to attain the signatured lease arrangement from the client and facts of the breaches of the tenant. In the event that the occupant cannot pay for rental, full details of the debts should be supplied by the landlord.
- Proof of property ownership
- The contract
- Transaction history of what is owed
- A in-depth history of what has transpired
- A basis of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Koeberg in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly turning into one of the top law firms in Cape Town. Our firms main focus is on ensuring the superb law advice to our clients.
These also include corporate and commercial to civil and criminal litigation, labour disputes, family or business conflict resolution, divorce law together with property transactions. Our aim is to go above and beyond, to exceed expectations and to place our valued clients needs above everything else.
