Being practitioner residential property lawyers in Protea Park, (
Atlantis) we represent property owners, commercial property managers and rental real estate agents regarding tenant disagreements as well as evictions. Some ungovernable occupants vacate soon after getting the opening appeal from an legal practitioner to do so. Others put up a contest and continue being located in the residence for much longer.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is actually an act of the Parliament of South Africa which entered into effect on 5 June, 1998, and which undertakes to protect against random eviction issues.
Tenants Not Paying Rent
One of the most significant concerns is that of tenants which do not pay the rent & the following eviction of the tenants.
There is nothing to stop a lessor from putting out a command for the payable rental immediately after the lessee has been extruded.
Getting Tenants Out
The unauthorized resident could go to the court hearing on the day the case is set down and defend themselves if they believe that the eviction is unjustifiable.
Lease Agreements
A lease agreement ought to carry a infringement proviso in it specifying the consequences of breaching any of the terms of the contract. It is up to the owner just how much leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Most importantly one must demonstrate to a judge that there certainly is and or would be serious personal injury to persons (this can incorporate the unauthorised occupiers themselves) or damage to residential or commercial property in the event that the order is not granted. An immediate eviction is so compelling, that it allows for the unwilling resident or the wrongful occupant being ordered by the court to abandon the building inside of 1 day, neglecting which the officer of the court is permitted to forcefully remove the wrongful inhabitant off the property.
Time & Cost of Evictions
To evict a lease holder in Atlantis lawfully, the most effective way to significantly lower costs and losses is to act efficiently and effectively whilst steering clear of avoidable postponements. The rental arrears retrieval procedure is usually instituted in addition to, and operates in line with the application for the eviction proceeding.
Landlords Rights
Even though a firm lease agreement reduces eviction process, the lack thereof doesn’t mean that unlawful occupants can not be dislodged. Read more about
property owners rights here.
Required Documents
The very first step should be to attain the acknowledged lease agreement from the client and details of the contraventions of the renter. In case that the tenant cannot pay for rent, full specifications of the debts should be given by the client.
- Verification of ownership
- The lease
- Financial transaction history of what is owed
- A detailed background of what has taken place
- A basis of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Attorneys for Protea Park in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly turning into one of the most popular attorneys in Cape Town. Our firms focus is on giving the superb law guidance for our clients.
All these areas include company & commercial to civil & criminal litigation, labor disputes, family or business dispute resolutions, divorce law in addition to property matters. Our intention is to go above and beyond, to rise above expectations and to place our clients needs above all else.
