For more details on specifically how we can help you with evictions, feel free to talk to our eviction experts. Get deleterious lessees out as quickly as is possible – even if it denotes offering to give up some of the arrear rental.
In order to remove an wrongful occupant from domestic property, the procedure in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 must be complied with. Basically, the lessor has to acquire a order to oust an un-lawful occupier. Sections 4 to 6 in the Act provides for procedure in case of ejections, including for urgent eviction.
Tenants Not Paying Rent
If demands all fail and the tenant still won’t pay, secure an eviction lawyer. At the first possible opportunity record a tenant-landlord complaint in a court.
That it is in property owners best interests none the less to cancel the lease and evict the non paying occupants as soon as possible as the top priority should be to switch a non-paying lessee with a paying renter.
Getting Tenants Out
Even though a number of us can not imagine a situation developing wherein the occupant not only refuses to produce the rent, but furthermore refuses to vacate.
Lease Agreements
Though it is not a legal criteria to possess a prepared lease arrangement, it is highly recommended. The lease agreement should outline all of the details– for each of the parties– of the tenancy. The lease agreement ensures safeguard to simultaneously lessor and occupant in case of any party defaulting on their commitments.
Urgent Evictions
Section 5 of the Act deals with urgent eviction proceedings. Very importantly an individual needs to show a magistrate that there is and/or would be substantial injury to people (this could incorporate the unlawful inhabitants themselves) or else damages to residential or commercial property should the request does not get approved. An emergency eviction is actually so effective, that it allows for the unwilling tenant or the unlawful occupier to get demanded by the judge to vacate the building in less than 1 day, neglecting which the sheriff of the court is authorised to forcefully dislodge the wrongful resident from the residential or commercial property.
Time & Cost of Evictions
To expel a lease holder in
Atlantis legally, the most effective way to lower costs and losses is to operate quickly and effectively whilst keeping away from unnecessary delays. The rent arrears recovery procedure is often initiated along with, and functions in combination to the application of the legal eviction processes.
Landlords Rights
Even-though a sound lease legal contract simplifies eviction procedures, the lack of a lease agreement does not necessarily suggest that an illegal tenants cannot be evicted. Read more about
lease-holders duties and rights here.
Required Documents
The start will be to find the acknowledged lease contract arrangement from the client and facts of the infringements of the resident. In the event of the occupant cannot pay out rent, complete specifications of the debts should be presented by the property owner.
- Evidence of property ownership
- The lease
- Financial transaction history of what is owed
- A comprehensive history of what has transpired
- A basis of losses or harm to a person
- Any other Evidence (Pictures) etc
Eviction Order Attorneys for Robinvale in Cape Town
Established in 2008, Rubensteins Attorneys quickly turned into one of the most popular law firms in Cape Town. All evictions are taken care of by Rubensteins Attorneys who is a very proficient an experienced litigation attorneys with a extensive knowledge of eviction laws in South Africa. Rubensteins come with numerous successful legal evictions under their belt, for private as well as corporate clients.
These involve corporate & commercial to criminal & civil litigation, labor disputes, family or business conflict resolution, family law in addition to property related transactions. We aspire to make long-lasting and ultimately meaningful associations with our clients, to commit to them and ultimately be a part to their progression and their prosperity.
