Our eviction lawyers deal with and oversee all forms of evictions and also rental recovery issues all over Somerset Ridge, Somerset West. When it comes to evictions, the best and most crucial factor is to halt the financial haemorrhage.
In summing-up, Prevention of Illegal Eviction from and Unlawful Occupation of Land Act provides operations for eviction for unauthorised occupants and restrains unlawful evictions. The fundamental goal of the Act is to protect both occupiers and landlords. The owner or lessor needs to abide by the stipulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if they wish to remove a renter.
Tenants Not Paying Rent
The accountabilities of tenants as well as landlords are addressed in statutory, as well as non-statutory legislation in South Africa.
There really is nothing at all to stop a property owner from putting out a summons for the payable rental after the occupant has actually been extruded.
Getting Tenants Out
While many of us can not envision a scenario arising in which the occupant not only decides not to pay the rent, but also decides not to leave.
Lease Agreements
A good lease needs to contain a noncompliance proviso with it detailing the outcomes of breaching any one of the conditions of the lease contract. It is then up to the owner the amount of lenience you wish to exhibit.
Urgent Evictions
Section 5 of the Land Act provides for urgent eviction processes. Most significantly one must explain to a judge that there certainly is and/or will be considerable injury to individuals (this could involve the unauthorised inhabitants themselves) alternatively damages to property in case that the order is not granted. The emergency eviction is actually so compelling, that it allows for the recalcitrant tenant or the prohibited inhabitant to be ordered by the law court to vacate the residential property inside of 24 hours, declining which the officer of the court is permitted to forcefully evict the wrongful occupier off the home.
Time & Cost of Evictions
As an tenant might elect to clear a home at pretty much any time through the eviction process, the expense can drastically fluctuate with circumstances. The rental and loss recovery processes is often set in motion along with, and runs in combination to the application of the eviction procedure.
Landlords Rights
Despite the fact that a firm rental legal contract shortens eviction procedures, the absence of a lease agreement doesn’t necessarily suggest that unlawful residents can’t be removed. Find out more about
property owners rights and duties here.
Required Documents
The initial step would be usually to obtain the signatured lease arrangement from the applicant and particulars of the transgressions of the tenant. In case of the tenant fails to compensate rental, full specifics of the arrears have to be given by the landlord.
- Facts of ownership
- The contract
- Transaction history of what is owed
- A detailed background of what has transpired
- A foundation of loss or danger to a person
- Any other Evidence (Pictures) etc
Eviction Lawyers for Somerset Ridge in Cape Town
Established in 2008, Rubensteins Attorneys quickly became one of the major law firms in Cape Town. Having established a reputation for excellence, Rubensteins is marked in the industry by its devotion to its clients, and also its aptitude to identify inspired and original answers to even some of the most intricate of law situations.
Our clients benefit from our extensive experience with all key fields of South African legislation. Our intention is to go above and beyond, to rise above expectations and to place our clients needs foremost.
