Being consultant property legal professionals in Maniesoord, (Bellville) we act for landlords, commercial property administrators and leasing agents regarding lessee disagreements and evictions. In most localities, eviction, specifically a housing eviction, is considered as being a very formidable procedure.
For you to expel an wrongful occupier from residential property, the procedure in whens it come to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be abided by. In essence, the lessor has to obtain a court order to oust an unlawful inhabitant. The sections 4 to 6 of the Act provide for procedure in case of ejections, including with regard to urgent eviction.
Tenants Not Paying Rent
Among the greatest concerns is that of occupants which do not pay the rent & the subsequent eviction of the tenants.
Of course, there is nothing to stop a proprietor from issuing a command for the delinquent rent immediately after the occupant has actually been extruded.
Getting Tenants Out
Even though many of us can not imagine a position occurring wherein the renter not only chooses not to pay for the rent, but also decides not to leave.
Lease Agreements
Having a secure lease agreement ought to carry a delinquency proviso in it detailing the repercussions of breaching one of the conditions of the lease agreement. It is up to you the amount of lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction proceedings. More significantly one needs to explain to a magistrate that there actually is and/or will likely be serious personal injury to individuals (this can involve the unauthorised tenants themselves) or damages to residential or commercial property in the event that the request is not granted. The emergency eviction is actually so powerful, that it allows for the unwilling resident or the illegal inhabitant being ordered by the court to move out of the property inside 24h, neglecting which the sheriff of the court is permitted to purposely dislodge the illegal occupier off the property.
Time & Cost of Evictions
In order to expel a tenant in Bellville legally, optimal way to reduce costs and inevitably losses is to operate quickly and properly whilst staying clear of unnecessary setbacks. The rental fee arrears recovery process is generally begun along with, and runs in line with the application for the legal eviction proceeding.
Landlords Rights
Even though a solid rental contract simplifies eviction practices, the absence of a lease agreement does not mean that unlawful occupants can not be dislodged. Find out more about
landlords duties and rights here.
Required Documents
The start will be usually to find the signatured rental agreement from the home-owner and details of the transgressions of the resident. In case of the tenant cannot pay out rent, complete specifics of the arrears must be supplied by the client.
- Confirmation of ownership
- The lease
- Financial transaction history of what is owed
- A thorough background of what has transpired
- A basis of losses or danger to a person
- Any other Evidence (Photos) etc
Eviction Attorneys for Maniesoord in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who are a exceptionally skilled an experienced litigation lawyers with a thorough knowledge of eviction laws in South Africa. Rubensteins hold many successful eviction cases in their past record, for civil along with corporate clients.
Our firm in Maniesoord resolves to achieve one of the most affordable and efficient approach to your legal matters. At Rubensteins we have refined a synergistic culture, where our staff help one another to accomplish the greatest results for our clients.
