As expert property legal counsels in Scottsville, (
Kraaifontein) we act for landlords, residential property administrators and rentals agents involving occupant disturbances as well as evictions. An eviction attorney-at-law is professional that specialises in eviction legislation and may focus on either enabling landlords in Scottsville to evict renters or protecting residents from unlawful eviction.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa that entered into effect on 5 June, 1998, and which sets out to prevent random eviction issues.
Tenants Not Paying Rent
The obligations of lessees and also landlords are included in statutory, as well as non-statutory legislation in South Africa.
There is nothing at all to stop a proprietor from issuing a command for the payable rental payment immediately after the occupant has been expelled.
Getting Tenants Out
Landlords which do not carry an eviction request in good time or adopt the appropriate legal processes may need to survive a long and very expensive experience.
Lease Agreements
Even though it is not a legal condition to possess a written lease arrangement, it’s definitely advocated. The lease contract ought to define all of the terms and conditions– for both equally individuals– of the tenancy. It gives protection to both of landlord and tenant in case of either one individual breaking their responsibilities.
Urgent Evictions
Section 5 of the Act provides for urgent eviction proceedings. Most notably an individual will need to explain to a court of law that there is and/or will likely be considerable personal injury to individuals (that may incorporate the wrongful tenants themselves) or else damages to residential or commercial property in the event that the order does not get approved. An emergency eviction is actually so compelling, that it offsets the recalcitrant tenant or the unlawful occupant being demanded by the law court to move out of the residential property inside 24 hours, neglecting which the officer of the court is permitted to purposely dislodge the unauthorised inhabitant from the residential property.
Time & Cost of Evictions
Considering that an resident could elect to clear a property at just about any stage throughout the eviction procedure, the costs can substantially differ with each situation. The rent payment arrears recuperation processes is generally started in addition to, and runs in combination to the application for the legal eviction process.
Landlords Rights
Even-though a iron clad lease contract streamlines eviction process, the absence of a lease does not suggest that an illegal occupants can’t be removed. Read more about
lease-holders rights here.
Required Documents
The first step will be to find the signatured rental agreement from the homeowner and specifics of the noncompliance of the lessee. In the event of the tenant cannot compensate rental, full specifics of the arrears should be given by the lessor.
- Evidence of property ownership
- The contract
- Transaction history of what is owed
- A comprehensive history of what has transpired
- A grounds of damages or danger to a person
- Any other Evidence (Photos) etc
Eviction Notice Lawyers for Scottsville in Cape Town
Formed in 2008, Rubensteins Attorneys is quickly becoming one of the leading legal in Cape Town. Our primary emphasis is on rendering the very best legal services advice for our clients.
Our clients gain from our extensive knowledge with all key subject fields of the law. At Rubensteins we have refined a collaborative ethos, in which our staff help each other to achieve the best results for our clients.
