Our eviction lawyers are experts in urgent eviction orders in Cape Town. Eviction, also recognised in several areas as an unlawful detainer, may be a formidable process to traverse.
In review, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE act 1998) provides operations for eviction for unauthorised tenants and prohibits wrongful evictions. The principal intention of the Act is to safeguard both tenants and property owners. The property owner or landlord needs to adhere to the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in the case that they need to remove a tenant.
Tenants Not Paying Rent
Landlords in Philippi Park need to stay away from such illegal actions as locking the lessee out or disengaging services.
There certainly is virtually nothing to prevent a proprietor from putting out a command for the past due rental payment after the renter has been expelled.
Getting Tenants Out
Setbacks resulting from prolonged action or misguided legal procedures frequently results in additional legal costs, loss of rent revenue and extended risk of damages to the residential or commercial property.
Lease Agreements
A good lease contract must have a infraction section with it describing the consequences of breaching any one of the terms of the lease. It is up to you what amount of leniency you wish to show.
Urgent Evictions
Section 5 of the Act deals with urgent eviction processes. Most notably an individual has to prove to a law court that there actually is and will likely be serious personal injury to persons (this can include the wrongful tenants themselves) or even damage to residential or commercial property in the event that the request is not awarded. The immediate eviction is so powerful, that it offsets the defiant lessee or the wrongful occupant being required by the judge to move out of the home inside 24h, neglecting which the officer of the court is mandated to forcefully dislodge the illegal occupier from the house.
Time & Cost of Evictions
To evict a lease holder in
Philippi under legal standing, the most effective way to lower expenses and losses is to operate speedily and effectively while steering clear of unnecessary postponements. The rental arrears recovery process is usually launched hand and hand, and works in conjunction to the application for eviction processes.
Landlords Rights
Although a solid lease legal contract streamlines eviction practices, the lack of a lease does not imply that unlawful occupants cannot be dislodged. Read more about
landlords rights here.
Required Documents
The initial step would be normally to secure the signatured lease commitment from the client and details of the contraventions of the resident. In the event that the occupant cannot compensate rent, comprehensive particulars of the arrears needs to be given by the landlord.
- Evidence of ownership
- The contract
- Financial transaction history of what is owed
- A thorough history of what has taken place
- A foundation of losses or danger to a person
- Any other Evidence (Pictures) etc
Eviction Order Attorneys for Philippi Park in Cape Town
Founded in 2008, Rubensteins Attorneys rapidly turned into one of the most popular legal solutions firms in Cape Town. All evictions are handled by Rubensteins Attorneys who are a highly proficient an skilled litigation lawyers with a extensive understanding of eviction laws in South Africa. Rubensteins come with many successful eviction cases under their belt, for both residential as well as corporate clients.
All these areas include corporate and commercial to criminal and civil litigation, labour issues, family or business dispute resolution, divorce law together with estate related dealings. Notwithstanding of how demanding or complicated the decree, we will provide crystal clear, pragmatic and commercially-sound legal services advice.
