Penhill Evictions : Cape Town Eviction Lawyer

The responsibilities of lessees along with property owners are included in statutory, and non-statutory legislation in Southern Africa.
Generally there is nothing at all to prevent a property owner from putting out a call for the unsettled rental payment after the tenant has actually been evicted.

Hold-ups causing by prolonged action or improper legal approaches commonly results in increased legal fees, loss of rent income and inflated risk of damages to the property.

Your lease agreement ought to hold a noncompliance provision in it describing the effects of breaching any one of the terms of the lease. It is then up to the landlord what amount of leniency you wish to show.

Section 5 of the Land Act provides for urgent evictions. More importantly one needs to demonstrate to a court that there is and will be serious personal injury to persons (that may consist of the unlawful occupiers themselves) or else destruction to property in case that the order is not granted. The emergency eviction is so powerful, that it allows for the defiant lessee or the unlawful occupier being demanded by the court to vacate the residential or commercial property within 24h, failing which the officer of the court is authorised to purposely remove the wrongful occupier from the house.

As an occupant could decide to clear a property at almost any phase throughout the eviction proceeding, the cost can considerably fluctuate with circumstances. The rent debts retrieval processes is in most cases instituted in addition to, and runs in conjunction to the application for legal eviction proceeding.

Regardless of the fact that a sound lease agreement streamlines eviction processes, the lack of a lease does not suggest that unauthorised tenants can’t be evicted. See more about property owners duties and rights here.

The initial step should be normally to obtain the acknowledged lease contract arrangement from the property owner and particulars of the infringements of the renter. In the event of the tenant cannot compensate rental, full details of the arrears should be provided by the client.

• Evidence of property ownership
• The lease
• Financial transaction history of what is owed
• A in-depth history of what has transpired
• A basis of loss or danger to a person
• Any other Evidence (Pictures) etc