Our eviction lawyers specialises in critical eviction orders in Cape Town. Many wayward tenants leave subsequent to receiving the first command from an lawyer or attorney to do so. Others put up a battle and stay in the property for much longer.
In synopsis, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) ensures processes for eviction of unauthorised occupants and restrains illegal evictions. The fundamental purpose of the Act is to safeguard both occupiers and property owners. The owner or lessor must comply with the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they would like to remove a renter.
Tenants Not Paying Rent
Among the largest concerns is that of tenants who do not pay the rental and the subsequent expulsion of the tenants.
That it is in lessors best interests however to cancel the lease and evict the defaulting occupants immediately as the priority should be to removed and replace a non-paying occupant with a paying renter.
Getting Tenants Out
Hold-ups causing by delayed action or inappropriate legal processeses frequently results in extra legal services expenses, loss of rent revenue and increased risk of damages to the residence.
Lease Agreements
Your lease agreement ought to have a infraction condition with it laying out the outcomes of breaching any one of the stipulations of the contract. It is up to the owner what lenience you wish to show.
Urgent Evictions
Section 5 of the Act provides for urgent eviction proceedings. Most notably one has to show a magistrate that there is and will likely be serious personal injury to people (this may include the wrongful occupiers themselves) alternatively damages to property in the event that the order is not awarded. The immediate eviction is so compelling, that it allows for the defiant lessee or the illegal occupant being ordered by the law court to vacate the property inside 1 day, failing which the officer of the court is allowed to purposely remove the unlawful tenant from the property.
Time & Cost of Evictions
To expel a resident in
Durbanville legitimately, the most effective way to lower costs and ultimately losses is to act quickly and proficiently whilst avoiding unnecessary setbacks. The rental arrears retrieval process is in most cases launched along with, and functions in conjunction to the application of the legal eviction processes.
Landlords Rights
Although a solid rental contract shortens eviction steps, the absence of a lease agreement does not mean that an unlawful residents can’t be subject to an eviction. Find out more about
property owners rights here.
Required Documents
The initial step would certainly be to obtain the subscribed lease arrangement from the client and specifics of the neglects of the tenant. In case that the lessee cannot compensate rental, full details of the delinquencies have to be presented by the client.
- Confirmation of property ownership
- The lease
- Financial transaction history of what is owed
- A detailed history of what has transpired
- A grounds of damages or harm to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Meerendal in Cape Town
Formed in 2008, Rubensteins Attorneys swiftly turned into one of the major attorneys in Cape Town. Evictions are managed by Rubensteins Attorneys who is a highly skilled an adept litigation attorneys with a extensive knowledge of eviction laws in Cape Town & South Africa. Rubensteins have numerous successful legal evictions under their belt, for both private in addition to corporate clients.
All of our clients benefit from our vast experience in all key fields of South African legislation. Irrespective of just how demanding and / or complicated the mandate, we will certainly provide clear, efficient & commercially-sound legal advice.
