Our eviction legal advisers can support you to carry out evictions successfully. In most neighbourhoods, eviction, specifically a real estate eviction, is often considered to be a very serious problem.
Our skilled eviction attorneys are familiar with the PIE Act plus the conditions concerning our regional law courts and procedures that handle evictions & rent collections.
Tenants Not Paying Rent
The duties of residents together with lessors are taken cared of in statutory, and non-statutory law in Southern Africa.
That it resides in lessors best interests never the less to revoke the lease and evict the defaulting tenants as soon as possible as the top priority must be to replace a delinquent occupant with a paying resident.
Getting Tenants Out
Property owners that fail to deliver an eviction application in decent time or adhere to the proper legal procedures may need to survive a extensive and very expensive experience.
Lease Agreements
Your lease needs to contain a contravention provision with it laying out the implications of breaching any of the terms of the lease agreement. It is up to the property owner how much lenience you wish to show thereafter.
Urgent Evictions
Section 5 of the Act provides for urgent eviction processes. Very significantly an individual will need to demonstrate to a judge that there actually is and or will be significant personal injury to people (that may include the unauthorised occupants themselves) alternatively destruction to residential or commercial property in the event that the request does not get awarded. The immediate eviction is actually so effective, that it allows for the defiant tenant or the prohibited occupier to be ordered by the court to leave the building inside 24h, failing which the officer of the court is mandated to emphatically remove the unauthorised occupier from the home.
Time & Cost of Evictions
As an lessee might opt to vacate a house at any time throughout the eviction procedure, the cost can dramatically vary with scenarios. The rent debts retrieval process is ordinarily set in motion alongside, and functions in line with the application of the eviction procedure.
Landlords Rights
Even-though a solid rental legal contract reduces eviction processes, the lack of a lease doesn’t necessarily suggest that an illegal occupants can’t be subject to an eviction. See more about
landlords rights and duties here.
Required Documents
The very first step will be to get the acknowledged rental arrangement from the applicant and facts of the breaches of the resident. In the event of the occupant cannot pay out rental, complete specifics of the arrears must be presented by the property owner.
- Verification of property ownership
- The lease
- Financial transaction history of what is owed
- A comprehensive history of what has transpired
- A foundation of loss or harm to a person
- Any other Evidence (Photos) etc
Eviction Notice Attorneys for Salberau in Cape Town
Founded in 2008, Rubensteins Attorneys rapidly turned into one of the top attorneys in Cape Town. Having developed a reputation for efficiency, Rubensteins is marked in its profession by its commitment to its customers, and its aptitude to discover inspired and innovative strategies to even some of the most intricate of legal situations.
These include corporate and commercial to criminal & civil litigation, labor issues, business or family conflict resolution, divorce law together with estate related matters. At Rubensteins we have refined a collaborative ethos, in which our team help one another to accomplish the best results for our clients.
