Official assistance and representation on a selection of eviction related problems. An eviction practitioner specialises in eviction policy and can work on either serving to help property owners in San Remo to remove lessees or supporting tenants from eviction.
In summary, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act ensures procedures for eviction for illegal occupants and restricts wrongful evictions. The basic purpose of the Act is to provide protection to both inhabitants and home owners. The owner or landlord should comply with the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they would like to remove a renter.
Tenants Not Paying Rent
However exactly what should you do if the lessee just ceases giving their rent, and also it eventually becomes evident that she or he have no intent of compensating?
Generally there is nothing to stop a lessor from issuing a command for the delinquent rent after the lessee has been extruded.
Getting Tenants Out
The unlawful resident might turn up the courtroom hearing on the day the case is set down and fight for themselves should they believe the eviction unwarranted.
Lease Agreements
A good lease should carry a noncompliance proviso with it specifying the repercussions of breaching one of the stipulations of the lease agreement. It is then up to you what amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for so called urgent evictions. Most notably an individual has to explain to a court of law that there actually is and or would be serious personal injury to persons (that could involve the unlawful occupants themselves) or even destruction to residential or commercial property should the order is not awarded. The urgent eviction is so effective, that it allows for the recalcitrant tenant or the wrongful occupant being required by the law court to abandon the residential property inside of 24 hours, failing which the sheriff of the court is allowed to emphatically remove the illegal resident off the residential property.
Time & Cost of Evictions
In order to evict a occupant in Mitchells Plain under legal standing, the best way to minimise costs and losses is to act speedily and proficiently while eliminating needless setbacks. The rental payment debts recuperation process is usually launched hand and hand, and works in conjunction to the application for eviction processes.
Landlords Rights
Although a iron clad lease agreement simplifies eviction process, the absence thereof doesn’t imply that an unlawful tenants can’t be subject to an eviction. Read more about
lease-holders duties & rights here.
Required Documents
The start would certainly be to attain the signatured lease contract commitment from the client and facts of the transgressions of the lessee. In case that the occupant fails to pay for rental, complete specifics of the delinquencies must be presented by the landlord.
- Proof of ownership
- The lease
- Financial transaction history of what is owed
- A comprehensive background of what has transpired
- A basis of losses or danger to a person
- Any other Evidence (Pictures) etc
Eviction Order Attorneys for San Remo in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the leading legal in Cape Town. Having already cultivated a track record for excellence, Rubensteins is marked in its industry by its devotion to its clients, as well as its capacity to find productive and original resolutions to even the most intricate of legal predicaments.
Our clients gain from our considerable expertise in all key fields of South African legislation. Irrespective of just how demanding and / or complicated the mandate, we will give crystal clear, efficient and commercially-sound legal services advice.
