Our
commercial property practitioners are moreover able to handle evictions on properties located Oostersee, (Parow) in all Cape Town. Regarding evictions, among the most critical thing is to prevent the cash bleeding.
Evictions in with regards to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
If all else fails and the tenant still doesn’t pay, get an eviction lawyer. At the earliest possible opportunity docket a tenant-landlord grievance in a court of law.
Of course, there is virtually nothing to prevent a proprietor from putting out a command for the past due rent payment immediately after the renter has been removed.
Getting Tenants Out
Although a number of us can’t imagine a circumstance emerging in which the resident not only decides not to produce the rent, but furthermore decides not to leave.
Lease Agreements
Even though it isn’t a legal prerequisite to have a recorded lease contract, it is strongly advised. The lease agreement needs to spell out all the conditions– for both the individuals– of the occupancy. It offers protection to both landlord and tenant in case of either one party defaulting on their committals.
Urgent Evictions
Section 5 of the Act deals with so called urgent evictions. Most significantly one will need to show a judge that there certainly is and will likely be considerable injury to individuals (that may incorporate the unauthorised tenants themselves) or even destruction to residential or commercial property if the order is not granted. An urgent eviction is so formidable, that it enables the unwilling resident or the prohibited occupier to get ordered by the law court to vacate the building in less than 24h, neglecting which the sheriff of the court is mandated to emphatically evict the unlawful inhabitant from the residential property.
Time & Cost of Evictions
In order to remove a tenant in
Parow under legal standing, the most effective way to minimize expenses and ultimately losses is to act swiftly and effectively while staying clear of unnecessary postponements. The rental payment arrears retrieval process is often started hand and hand, and runs in line with the application of the legal eviction proceeding.
Landlords Rights
Although a concrete lease agreement reduces eviction practices, the absence thereof does not suggest that an unlawful residents cannot be dislodged. Find out more about
lease-holders rights here.
Required Documents
The first step will be normally to secure the signatured lease agreement from the homeowner and facts of the noncompliance of the renter. In case that the lessee cannot compensate rent, full particulars of the delinquencies have to be presented by
the client.
- Confirmation of property ownership
- The lease
- Financial transaction history of what is owed
- A thorough record of what has taken place
- A basis of loss or harm to a person
- Any other Evidence (Photos) etc
Eviction Attorneys for Oostersee in Cape Town
Founded in 2008, Rubensteins Attorneys is fast becoming one of the leading law firms in Cape Town. Having acquired a reputation for excellence, Rubensteins is recognised in its own profession by its allegiance to its customers, and its capacity to discover resourceful and original strategies to even the most challenging of legal issues.
These also include corporate and commercial to civil and criminal lawsuits, labour disputes, family or business dispute resolutions, divorce law as well as property matters. Notwithstanding of how demanding or complicated the mandate, we will certainly give clear, useful and commercially-sound legal advice.
