Our eviction legal advisers specialises in critical eviction notifications in Cape Town. It is very important for any landlord or real estate investor with a local rental portfolio to familiarise themselves with the PIE Act as well as the various methods it maps out for legally taking care of offending leaseholders.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is actually an act of the Parliament of South Africa and that came into effect on 5 June, 1998, and which sets out to protect against random evictions.
Tenants Not Paying Rent
One of the most significant issues is wherein tenants that do not pay the rental & the subsequent expulsion of the tenants.
There certainly is nothing at all to stop a landlord from putting out a command for the unpaid rent payment immediately after the occupant has been removed.
Getting Tenants Out
Proprietors who do not carry an eviction request in decent time or follow the right legal procedures can need to sustain a lengthy and very expensive procedure.
Lease Agreements
Though it isn’t a judicial criteria to possess a documented lease, it’s highly advised. The lease contract will spell out all the conditions– for the two parties– of the occupancy. The lease contract offers security to both lessor and tenant in the event of any individual breaking their duties.
Urgent Evictions
Section 5 of the Act provides for urgent eviction proceedings. Most significantly a landlord needs to demonstrate to a court that there is and will be significant injury to people (that could incorporate the unauthorised inhabitants themselves) or else damages to property in case that the request is not granted. An emergency eviction is so powerful, that it allows for the recalcitrant tenant or the illegal inhabitant being demanded by the court to move out of the property inside 1 day, neglecting which the sheriff of the court is mandated to forcefully dislodge the wrongful inhabitant from the property.
Time & Cost of Evictions
As an resident can elect to move out of a residential or commercial property at just about any time through the eviction procedure, the costs can dramatically differ with circumstances. The rental and loss retrieval process is ordinarily launched along with, and operates in combination to the application for eviction procedure.
Landlords Rights
Despite the fact that a firm rental agreement reduces eviction processes, the absence of a lease does not suggest that unlawful occupants cannot be evicted. Find out more about
landlords rights and duties here.
Required Documents
The initial step would be usually to obtain the signatured lease agreement from the client and specifics of the transgressions of the tenant. In case that the occupant fails to pay out rental, complete particulars of the delinquencies have to be provided by the landlord.
- Verification of ownership
- The lease
- Transaction history of what is owed
- A thorough history of what has transpired
- A grounds of losses or danger to a person
- Any other Evidence (Pictures) etc
Eviction Notice Attorneys for Oranjezicht in Cape Town
Established in 2008, Rubensteins Attorneys is swiftly turning into one of the leading legal in Cape Town. Having already developed a track record for excellence, Rubensteins is distinguished in its profession by its commitment to its customers, and its ability to discover creative and original answers to even some of the most challenging of legal predicaments.
Our legal firm in Oranjezicht undertakes to deliver the most cost effective and efficient approach to your matters. Notwithstanding of just how challenging and / or intricate the decree, we will certainly give crystal clear, pragmatic and commercially-sound legal services advice.
