Our eviction lawyers specialises in urgent eviction orders in Cape Town. It is vital for any type of property owner or entrepreneur with a leasing portfolio to familiarise themselves with the PIE Act together with the different methods it maps out for lawfully confronting offending residents.
For you to remove an unauthorised occupier from residential premises, the course of action in terms of schedule 4 as well as 5 from the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be obeyed. Essentially, the owner must get a subpoena to remove an wrongful inhabitant. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this involves urgent eviction directives.
Tenants Not Paying Rent
Some of the biggest concerns is that of occupants that do not pay the rental & the sub-sequential eviction of the lessees.
It really resides in property managers best interests none the less to terminate the lease and evict the non paying occupants asap as the prerogative ought to be to removed and replace a non-paying lessee with a paying renter.
Getting Tenants Out
Although a number of us can not envision a position happening where the resident not only chooses not to pay for the rent, yet also decides not to leave.
Lease Agreements
Even-though it is not considered a judicial prerequisite to possess a written lease commitment, it’s highly advised. The lease contract should illustrate all of the terms– for each of the parties– of the occupancy. It ensures safeguards to both lessor and occupant in the event of any individual reneging on their responsibilities.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. More significantly one will need to prove to a law court that there actually is and will likely be significant injury to individuals (this can involve the wrongful tenants themselves) or else damage to property in case that the request is not granted. An urgent eviction is so compelling, that it offsets the unwilling tenant or the prohibited inhabitant being ordered by the judge to vacate the residential property in less than 24 hours, failing which the officer of the court is mandated to purposely evict the illegal resident from the residential property.
Time & Cost of Evictions
As an tenant can choose to clear a house at just about any point during the eviction proceeding, the expense can considerably fluctuate with scenarios. The rental payment and loss recuperation process is in most cases initiated along with, and runs in conjunction to the application of the legal eviction proceeding.
Landlords Rights
Even though a iron clad lease legal contract streamlines eviction practices, the lack of a lease agreement doesn’t suggest that an unlawful tenants can’t be removed. Find out more about
landlords rights here.
Required Documents
The first step should be to find the acknowledged lease arrangement from the client and specifics of the breaches of the tenant. In the event that the lessee cannot pay out rent, comprehensive details of the delinquencies should be provided by the client.
- Proof of ownership
- The contract
- Transaction history of what is owed
- A comprehensive background of what has transpired
- A basis of damages or harm to a person
- Any other Evidence (Photos) etc
Eviction Order Lawyers for Mouille Point in Cape Town
Established in 2008, Rubensteins Attorneys is quickly becoming one of the most popular legal solutions firms in Cape Town. Having indeed established a reputation for efficiency, Rubensteins is distinguished in the arena by its dedication to its customers, and its aptitude to identify unique and effective solutions to even some of the most challenging of law dilemmas.
Our clients gain from our exceptional knowledge with all key areas of local law. We have fostered a collaborative ethos, where our team help one another to achieve the most effective results for our valued clients.
