As practitioner property legal advisers in Silverstream, (
Bellville) we act for landlords, property supervisors and rental agents relating to tenant embroilments including evictions. Residential property owners as well as landlords should be sure to by law evict a non-paying occupant and certainly never use tactics that thwart the lawful expulsion of occupants.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa in which entered into effect on 5 June, 1998, and which sets out to help prevent capricious eviction issues.
Tenants Not Paying Rent
Exactly what can you do the moment a leaseholder stops paying their rent? Counsel an legal professional to begin eviction proceedings? Acquire a financial debt judgment? Or get to an commitment with the occupant which makes it possible for him or her to settle what you are owed?
That it is in landlords primary interests however to revoke the lease and evict the non paying residents as soon as possible as the top priority should be to replace a non-paying occupant with a paying renter.
Getting Tenants Out
Despite the fact that many of us can not envision a situation arising in which the occupant not only chooses not to settle the rent, but furthermore refuses to vacate.
Lease Agreements
A lease agreement must contain a noncompliance section in it outlining the repercussions of breaching any one of the stipulations of the lease. It is up to you how much leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. More notably one must prove to a court that there is and/or will likely be substantial injury to people (this may consist of the wrongful inhabitants themselves) or else damage to the property if the request does not get granted. The immediate eviction is so powerful, that it enables the unwilling resident or the unlawful inhabitant to get ordered by the law court to vacate the home inside of 1 day, declining which the sheriff of the court is mandated to forcefully remove the unlawful inhabitant off the estate.
Time & Cost of Evictions
In order to evict a tenant in
Bellville under legal standing, the best way to minimize costs and losses is to act speedily and appropriately whilst preventing unnecessary setbacks. The rental payment debts retrieval processes is usually started alongside, and operates in combination to the application of the legal eviction proceeding.
Landlords Rights
Though a firm rental agreement streamlines eviction procedures, the absence thereof doesn’t necessarily mean that unlawful residents can’t be evicted. Read more about
landlords rights here.
Required Documents
The start will be usually to attain the acknowledged rental arrangement from the property owner and details of the contraventions of the lessee. In the event of the tenant cannot pay out rent, comprehensive specifications of the delinquencies must be provided by the client.
- Facts of ownership
- The lease
- Transaction history of what is owed
- A comprehensive background of what has transpired
- A foundation of compensations or harm to a person
- Any other Evidence (Pictures) etc
Eviction Lawyers for Silverstream in Cape Town
Established in 2008, Rubensteins Attorneys rapidly turned into one of the most popular legal in Cape Town. Having already established a track record for excellence, Rubensteins is recognised in its own field by its commitment to its clients, and its ability to identify unique and innovative resolutions to even the most challenging of law issues.
These include company & commercial to civil & criminal lawsuits, labor problems, business or family dispute resolutions, divorce law together with property dealings. Our aim is to go above and beyond, to exceed expectations and to put our valued clients needs above all else.
