Our
residential property lawyers are also in a position to tackle evictions concerning properties situated Morgenster Hoogte, (
Brackenfell) in all Cape Town. Your property may likely be an income-earning asset to you, although to your occupants it is actually their residence. So what do you do after your boarder doesn’t pay the rental and winds up in obstruction of the lease arrangement?
If you want to remove an prohibited occupant from domestic property, the technique in terms of schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be adhered to. Primarily, the property owner must secure a court order to expel an un-lawful tenant. The sections 4 to 6 of the Land Act provides for process in case of evictions, including with respect to immediate eviction.
Tenants Not Paying Rent
Property owners in Morgenster Hoogte need to stay clear of such illegal actions as replacing locks, or locking the occupant out or disengaging services.
That it is in landlords best interests nevertheless to cancel the lease and evict the defaulting occupants asap as the top priority must be to switch a non-paying occupant with a paying renter.
Getting Tenants Out
Lessors which fail to deliver an eviction application in decent time or follow the proper legal procedures might just have to endure a extensive and very expensive process.
Lease Agreements
Your lease contract ought to have a infraction stipulation in it outlining the implications of breaching one of the terms of the lease. It is then up to you what amount of leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. Most significantly one will need to show a court of law that there actually is and will likely be considerable personal injury to individuals (this might incorporate the wrongful inhabitants themselves) alternatively damages to property if the request is not granted. The emergency eviction is so compelling, that it enables the defiant resident or the wrongful occupant being ordered by the judge to leave the residential or commercial property within 24 hours, declining which the officer of the court is allowed to purposely evict the unauthorised inhabitant from the residential or commercial property.
Time & Cost of Evictions
As an resident can opt to move out of a house at almost any stage throughout the eviction procedure, the price can substantially vary with circumstances. The rental payment debts retrieval process is in most cases initiated alongside, and runs in combination to the application for eviction proceeding.
Landlords Rights
Though a firm rental legal contract simplifies eviction steps, the lack thereof does not necessarily suggest that unlawful occupants can not be evicted. See more about
property owners duties & rights here.
Required Documents
The first step will be normally to get the acknowledged lease contract agreement from the applicant and specifics of the neglects of the lessee. In case of the occupant cannot compensate rent, complete details of the delinquencies needs to be provided by the property owner.
- Evidence of property ownership
- The contract
- Financial transaction history of what is owed
- A comprehensive history of what has taken place
- A foundation of loss or harm to a person
- Any other Evidence (Pictures) etc
Eviction Notice Attorneys for Morgenster Hoogte in Cape Town
Established in 2008, Rubensteins Attorneys is quickly turning into one of the leading law firms in Cape Town. Our firms aim is on producing the superb legal insight to our clients.
All these include company and commercial to civil and criminal litigation, labor problems, business or family dispute resolution, divorce law as well as property related matters. We try to make long-lasting and meaningful relationships with our clients, to invest in them and be a part to their progress and their prosperity.
