Our firms eviction legal advisers specialises in critical eviction orders in Cape Town. In evictions, some of the most important action is to stop the cash haemorrhaging.
In abstract, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act offers operations for eviction for illegal tenants and restricts unlawful evictions. The main goal of the Act is to protect both occupants and home owners. The owner or lessor should observe the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they would like to evict a renter.
Tenants Not Paying Rent
But exactly what can you do if the resident simply ends settling their rent, and it eventually becomes apparent that they have zero intent of compensating?
There really is nothing to prevent a proprietor from putting out a command for the unpaid rental payment after the lessee has actually been removed.
Getting Tenants Out
Despite the fact that a number of us cannot envision a situation emerging wherein the resident not only refuses to pay for the rent, yet also decides not to vacate.
Lease Agreements
Even-though it is not a judicial requirement to have a drafted lease contract, it is highly advised. The lease agreement ought to spell out all the conditions– for the two individuals– of the occupancy. The lease agreement grants protection to both landlord and occupant in case of any individual defaulting on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction proceedings. More significantly one must explain to a court that there is and or will be considerable injury to people (this can involve the wrongful inhabitants themselves) or damage to property in the event that the request is not approved. The emergency eviction is actually so formidable, that it enables the defiant tenant or the prohibited inhabitant to be ordered by the court to move out of the property within 1 day, failing which the officer of the court is authorised to emphatically dislodge the wrongful occupier off the home.
Time & Cost of Evictions
In order to remove a occupant in Cape Town legally, the best way to minimise costs and ultimately losses is to operate swiftly and effectively while steering clear of unnecessary setbacks. The rent payment arrears retrieval processes is often initiated alongside, and functions in line with the application for eviction plan.
Landlords Rights
Although a concrete rental agreement simplifies eviction process, the absence thereof does not necessarily suggest that unlawful occupants can’t be subject to an eviction. See more about
landlords rights and duties here.
Required Documents
The start will be usually to attain the acknowledged lease commitment from the homeowner and details of the contraventions of the renter. In case that the lessee fails to compensate rent, full specifications of the arrears have to be supplied by the client.
- Evidence of property ownership
- The contract
- Financial transaction history of what is owed
- A in-depth record of what has taken place
- A foundation of loss or danger to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Sillery in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly turning into one of the leading law firms in Cape Town. Having built a reputable name for excellence, Rubensteins is marked in the industry by its devotion to its clients, and also its competency to identify productive and original answers to even some of the most challenging of law dilemmas.
Each of our clients benefit from our exceptional knowledge with all key specialties of the law. Our intent is to go above and beyond, to exceed expectations and to put our clients requirements foremost.
