Our firm eviction legal practitioners administer and command all varieties of evictions and rent recovery concerns across Silversands, Blue Downs. Try to get deleterious occupants out as quickly as possible – even when it spells granting to disregard some of the outstanding rental.
In relations to the Constitution of South Africa, No person may be removed from their residence, or have their residence knocked down, without having an order of court only made when taking into consideration all the related circumstances. No regulations could authorise arbitrary evictions.” PIE creates the procedure to be followed when it comes to such removals.
Tenants Not Paying Rent
Landlords in Silversands ought to refrain from such illegal activities as locking the occupant out or disengaging services.
It resides in lessors primary interests nevertheless to terminate the lease and evict the defaulting residents asap as the prerogative ought to be to replace a delinquent lessee with a paying tenant.
Getting Tenants Out
Even though a number of us can’t envision a circumstance emerging wherein the occupant not only decides not to settle the rent, but also decides not to vacate.
Lease Agreements
Your lease agreement should contain a infringement section with it describing the outcomes of breaching one of the stipulations of the lease agreement. It is then up to the lessor how much lenience you wish to exhibit thereafter.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Most notably a property owner needs to demonstrate to a court that there actually is and or would be considerable injury to individuals (that might involve the unlawful inhabitants themselves) or destruction to residential or commercial property in case that the court order is not granted. The immediate eviction is so formidable, that it enables the unwilling resident or the wrongful inhabitant to get ordered by the court to leave the home inside 24h, failing which the officer of the court is mandated to purposely dislodge the illegal resident from the estate.
Time & Cost of Evictions
In order to expel a lease holder in Blue Downs legitimately, optimal way to significantly lower costs and inevitably losses is to act swiftly and appropriately while avoiding needless setbacks. The rental debts recovery processes is in most cases launched alongside, and runs in conjunction to the application for eviction processes.
Landlords Rights
Though a strong lease agreement simplifies eviction process, the lack of a lease agreement does not necessarily mean that unauthorised occupants can not be removed. Read more about
landlords rights here.
Required Documents
The start will be normally to attain the acknowledged lease commitment from the applicant and facts of the noncompliance of the resident. In the event of the occupant cannot pay rental, complete specifics of the delinquencies needs to be provided by the client.
- Proof of ownership
- The lease
- Transaction history of what is owed
- A detailed history of what has transpired
- A foundation of damages or danger to a person
- Any other Evidence (Photos) etc
Eviction Order Lawyers for Silversands in Cape Town
Founded in 2008, Rubensteins Attorneys quickly became one of the leading law firms in Cape Town. Our firms aim is on providing the absolute best legal services advice to our valued clients.
These involve company & commercial to civil & criminal lawsuits, labor issues, business or family conflict resolution, divorce law as well as property dealings. Our aim is to go above and beyond, to exceed expectations and to put our clients requirements foremost.
