As representative residential or commercial property legal practitioners in Pieke & Marionstat, (Bellville) we act for property owners, residential property managers and rentals real estate agents involving occupant legal disputes including evictions. In cases where an eviction legal adviser defends a property manager, he or she will generally speaking counsel his client about whether the individual has grounds to evict the lessee and consequently organise, file, and serve the eviction documentations and represent his homeowner in court.
Our objective is really to support our clients to solve the legal problems inside their commercial property and also private lives in a straightforward, proficient, professional and timeous way. We take pride in ourselves on our substantial work values and attention to detail.
Tenants Not Paying Rent
In a lot of places, it is unlawful to dislodge a leaseholder until all court procedures are over, and this could take months.
Certainly there is nothing to stop a proprietor from issuing a summons for the overdue rental immediately after the tenant has actually been evicted.
Getting Tenants Out
Problems causing by prolonged action or improper legal steps normally results in additional legal costs, loss of rent revenue and extended risk of damage to the residence.
Lease Agreements
Despite the fact that it isn’t a legal requirement to possess a recorded lease agreement, it’s definitely advocated. The lease agreement will outline all the terms– for both individuals– of the occupancy. The lease contract provides safeguard to both lessor and renter in case of either one individual reneging on their duties.
Urgent Evictions
Section 5 of the Land Act provides for so called urgent eviction proceedings. Most importantly an individual has to prove to a judge that there is and/or will be considerable injury to persons (that may incorporate the wrongful occupiers themselves) or destruction to residential or commercial property should the court order is not approved. An urgent eviction is so compelling, that it enables the unwilling tenant or the wrongful occupant to be ordered by the law court to abandon the residential property inside of 24h, neglecting which the officer of the court is authorised to purposely remove the unauthorised resident off the house.
Time & Cost of Evictions
Since an resident might choose to retract from a residential or commercial property at virtually any point through the eviction process, the outlay can substantially differ with every situation. The rental payment and loss recuperation processes is in most cases begun alongside, and runs in line with the application of the legal eviction processes.
Landlords Rights
Regardless of the fact that a iron clad lease contract reduces eviction procedures, the lack of a lease does not necessarily suggest that unauthorised tenants can not be removed. See more about
landlords rights & duties here.
Required Documents
The very first step would be to find the acknowledged lease contract agreement from the property owner and details of the neglects of the resident. In the event of the occupant fails to pay out rental, comprehensive specifications of the arrears should be presented by the client.
- Facts of ownership
- The lease
- Financial transaction history of what is owed
- A in-depth record of what has taken place
- A grounds of damages or danger to a person
- Any other Evidence (Pictures) etc
Eviction Attorneys for Pieke & Marionstat in Cape Town
Formed in 2008, Rubensteins Attorneys fast turned into one of the top law firms in Cape Town. All evictions are dealt with by Rubensteins Attorneys who are a highly proficient an experienced litigation attorneys with a extensive knowledge of eviction laws in Cape Town and South Africa. Rubensteins come with many successful eviction cases under their belt, for residential as well as corporate clients.
Our firm in Pieke & Marionstat undertakes to reach the absolute most cost effective and efficient handling of your matters. Regardless of just how demanding or complicated the mandate, we will certainly supply crystal clear, practical & commercially-sensible legal services advice.
